Kumari Priyanka v. Alok and others, under section
Case Details
Neutral Citation No. - 2023:AHC:169444 Order Reserved on 03.08.2023 Order Delivered on 23.08.2023 Court No. - 86 Case :- APPLICATION U/S 482 No. - 28215 of 2023 Applicant :- Virendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadh Narain Rai Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J. 1. Heard learned counsel for applicant and learned A.G.A for the State and perused the record. 2. This application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of case no. 813 of 2021, Kumari Priyanka Vs. Alok and others, under section 3/4 of D.P. Act P.S. Bichhwa, District Mainpuri and summoning order dated 23.8.2022. 3. As per the allegations made in the complaint it is alleged that the marriage of O.P No.2 was settled with Alok grand son of the applicant and on 13.3.2020 (Roka) was solemnised in which, the father of O.P.No.2 had given a sum of Rs. 2, 50,000/- cash and it was agreed to give a motorcycle and other household articles at the time of marriage. The date of marriage was fixed on 30.6.2021, however, on the said date, the applicant alongwith his son and other family members refused to solemnise the marriage and started making additional demand of Rs. 3.00 lacs and a motorcycle as dowry, failing which, they would not solemnise the marriage, though the preparation of the marriage has been made. Even in the Panchayat, the applicant alongwith other family members refused to solemnise the marriage and continued to make additional demand of dowry and also extended death threats to them. On the basis of said allegations, a criminal complaint was filed in the court of J.M.-I, Mainpuri. On the basis of said complaint, learned magistrate has recorded the statements of the victim under section 200 and that of the witnesses under section 202 Cr.P.C. and on the basis of the said statements, in which, specific allegations of additional demand of dowry of Rs. 3.00 lacs cash and a motorcycle has been stated against the applicant alongwith his family members. 4. On the basis of the said allegations made in the statements recorded under section 200 and 202 Cr.P.C., learned magistrate summoned the applicant to face trial under section 3/4 D.P. Act vide order dated 23.8.2022. 5. Being aggrieved and dissatisfied by the said order, present application under section 482 Cr.P.C. has been filed.
Legal Reasoning
10. Having considered the rival submissions made by learned counsel for both the parties and taking into consideration the allegations made in the complaint as well as statements of the witnesses recorded under section 200 and 202 Cr.P.C, primafacie offence under section 3/4 of D.P. Act is clearly made out against the applicant. Specific allegation of additional demand of Rs. 3.00 lacs in cash and a motorcycle has been alleged against the applicant and for non- fulfillment of which, they have refused to solemnise the marriage and as such, from the allegations made therein, necessary ingredients constituting the offence under section 3/4 of D.P. Act is clearly made out against the applicant. The case relied upon by the learned counsel for the applicant is clearly distinguishable on the facts as from the plain reading of the allegations made in the complaint as well as statement of the witnesses recorded under section 200 and 202 Cr.P.C, specific and unambiguous allegation of demand of dowry in the form of Rs. 3.00 lacs in cash and a motorcycle has been alleged against the applicant and for non-fulfillment of the same, they had refused to solemnise the marriage. Thus, from the allegations made in the complaint and enquiry made by learned magistrate, primafacie offence under section 3/4 of D.P. Act is clearly made out against the applicant and at this stage, the court is not required to hold a mini trial, only primafacie case is to be seen against the applicant, which is clearly made out against him, as such, the entire proceedings can not be quashed and the prosecution case can not be nipped in the bud, when the entire evidence is yet to come. 11. In view of the facts and circumstances of the case, the impugned order dated 23.8.2022 passed by the court below is just, proper and legal and do not call for any interference by this Court. The entire proceedings based on the complaint can not be quashed at this stage. 12. The present application filed under section 482 Cr.P.C. is devoid of merit and is accordingly dismissed. Order Date :- 23.8.2023 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad
Arguments
6. Learned counsel for the applicant has submitted that from the allegations made in the complaint and the statements of the witnesses recorded under section 200 and 202 Cr.P.C, primafacie, no offence under section 3/4 D.P. Act is made out against the applicant. 7. Learned counsel for the applicant has next submitted that vague and ambiguous allegations of additional demand of dowry has been made against the applicant, as such primafacie, no offence under section 3/4 of D.P. Act. is made out against him and entire proceeding is liable lo be quashed. 8. In order to buttress his argument, he has relied upon the decision of Hon'ble Apex Court reported in 2012 (1) SCC 741, Geeta Mehrotra and another Vs. State of U.P. 9. Per contra, learned A.G.A. has vehemently opposed the said prayer of quashing the impugned order and has supported the impugned order. He has categorically submitted that from the allegations made in the complaint as well as statement of the witnesses recorded under section 200 and 202 Cr.P.C, specific allegations of additional demand of dowry in the form of Rs. 3.00 lacs cash and a motorcycle has been alleged against the applicant and for non-fulfillment of the said demand of dowry, they had refused to solemnise the marriage and extended death threats to O.P. No.2. He has further submitted that at this stage, only primafacie case is to be looked into and the court is not required to hold a mini trial. The case relied upon by the learned counsel for the applicant is distinguishable on facts. In the instant case, specific and unambiguous allegation of additional demand of dowry has been made against him and for non-fulfillment of which, he had refused to solemnise the marriage, as such, the offence under section 3/4 of D.P. Act is clearly made out against the applicant and the summoning order can not be quashed at this stage when the entire evidence is yet to come.