By Express News Service
The Supreme Court has recently observed that allegations of dowry demand cannot be called as highly improbable if the wife is suffering from AIDS and divorce proceedings are pending.
“Merely because the wife was suffering from the disease AIDS and/or divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to be bogus proceedings,” a bench of Justices MR Shah and CT Ravikumar has observed.
Court’s order was passed in a plea challenging Allahabad HCs May 9, 2019 ruling by which the court had quashed the criminal proceedings for section 498A/506 of IPC and sections 3/4 of the Dowry Prohibition Act, 1961. The relief was granted by the HC to the husband after considering that the allegations of demand of dowry were inherently improbable. According to the HC, the demand was “inherently improbable” as the original complainant (wife) was suffering from AIDS and a divorce petition was also pending between the parties.
Terming HCs order as “erroneous”, bench in their order said, “the reasoning given by the High Court while quashing the criminal proceedings are not germane and the High Court while quashing the criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has seriously erred and exceeded in its jurisdiction under Section 482 Cr.P.C. Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus. Under the circumstances, the impugned judgment and order passed by the High Court quashing the criminal proceedings is unsustainable.”
The Supreme Court has recently observed that allegations of dowry demand cannot be called as highly improbable if the wife is suffering from AIDS and divorce proceedings are pending.
“Merely because the wife was suffering from the disease AIDS and/or divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to be bogus proceedings,” a bench of Justices MR Shah and CT Ravikumar has observed.
Court’s order was passed in a plea challenging Allahabad HCs May 9, 2019 ruling by which the court had quashed the criminal proceedings for section 498A/506 of IPC and sections 3/4 of the Dowry Prohibition Act, 1961. The relief was granted by the HC to the husband after considering that the allegations of demand of dowry were inherently improbable. According to the HC, the demand was “inherently improbable” as the original complainant (wife) was suffering from AIDS and a divorce petition was also pending between the parties.
Terming HCs order as “erroneous”, bench in their order said, “the reasoning given by the High Court while quashing the criminal proceedings are not germane and the High Court while quashing the criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has seriously erred and exceeded in its jurisdiction under Section 482 Cr.P.C. Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus. Under the circumstances, the impugned judgment and order passed by the High Court quashing the criminal proceedings is unsustainable.”
