- (1.) This application under Section 482, Cr. P.C. for quashing the entire criminal proceeding as well as the order dated 19-5-2003, whereby cognizance of the offence was taken by the Chief Judicial Magistrate, Seraikella under Section 498- A, IPC and under Sections 3 and 4 of the Dowry Prohibition Act in connection with Adityapur P.S. Case No. 230/02, G.R. Case No. 773/02, now pending in the court of S.D.J.M., Seraikella.
(2.) In this case, the F.I.R. was lodged by the wife, which reads as follows : "....On 7-12-2002 my husband abused me with the filthiest language and threatened me with death in the event I did not cater to his whims arjd fancies. My husband is an alcoholic person who regularly takes drink and thereafter makes it custom to beat me, his wife and during the course of such beating hurls/heaps use abused languages upon me and my parents. Our marriage was a result of love but with the consent of family members of both parties. The marriage held on 16th day of January, 1996 at Jamshedpur, at Adityapur Guest House, Adityapur Main Road, Adityapur, according to Hindu rites. My husband originally hails from Kerala and the address of his parents as known to me as Mr. V. K. Purshothaman, "REMYA", Main Road, P.O. Punnaput, District Alleppey, Kerala, Pin-688004. Earlier on 27th March, 1999,1 was forced to leave my husband because of his drinking habits and wife-beating tendencies. But because of my motherhood and also due to intervention of my father-in-law and the apologies of my husband, I had consented to return and start my matrimonial life afresh. It may be pertinent to record herein that at that period I had also gained employment as a Teacher with D.A.V. Public School, RIT Campus, Adityapur, but I had to leave the same because I had consented to return and start my matrimonial life with my husband afresh. But most unfortunately things remain unchanged. I am now compelled to leave my husband house because he wants to earn money through me immorally and illegally. He is also forcing and torturing me to take substantial money from my parents. Unable to cope up with such physical and mental tortures which are increasing daily and also with the ageing of my son, I could no longer stay with my husband and as such return to my fathers home on 7-12-02........."
(3.) On perusal of the F.I.R. itself, it is clear that the marriage was the result of love affairs between the informant and the petitioner and there is no allegation that despite this love affair, some dowry was demanded by the petitioner or his family members before marriage. Therefore, the question of demanding dowry for the marriage is belied from the statements made in the F.I.R. itself. Then the second question is whether there is any offence committed under Section 4 of the Dowry Prohibition Act? Section 4 of the Dowry Prohibition Act reads as follows : "4. Penalty for demanding dowry. If any person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees : Provided that trial Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.";