Deojeet Biswas @ Debjit Biswas vs e State of Jharkhand and Anr

Heard Ms. Srija Choudhary, learned counsel appearing on behalf of the petitioner.

Heard Ms. Mausami Chatterjee, learned counsel appearing on behalf of opposite party No.-2.

The learned counsel for the petitioner while advancing her argument has submitted that the conviction of the petitioner under Section 498A and

Sections 3 and 4 of the Dowry Prohibition Act is ex-facie perverse, inasmuch as, there is no specific allegation of cruelty and there has been no

demand of dowry and in fact an amount of Rs. 30,000/- was paid by the father of the opposite party no. 2 to the father-in-law which was subsequently

returned and the learned trial court has acquitted the father-in-law who had received the money by cheque and subsequently returned the money. She

further submits that the exchange of money was by way of loan and not dowry. She has further submitted that the cause of action for filing the case

was the fact that the child was taken away by the father from the school while the mother was living in her parent’s house. She submits that the

evidence of the opposite party no. 2 itself shows that there was ample care, love and affection which was given from the side of the in-laws to her.

The learned counsel has referred to the judgments passed by the Hon’ble Supreme Court reported in (2008) 15 SCC 582 para-16 onwards as well

as judgment reported in (2010) 3 SCC 152 para-24.

At this stage, the learned counsel appearing on behalf of opposite party No.-2 has submitted that the amount of Rs. 30,000/- was returned only as a

condition of bail and merely because Rs. 30,000/- has been returned, the same does not mean that there has been no money transaction as a demand

of dowry. She submits that there are concurrent findings recorded by the learned courts below and therefore no interference is called for.

The learned counsel for the petitioner and the opposite party No.-2 have submitted that a petition for dissolution of marriage by mutual consent is

pending before the learned court below and next date in the matter is 15th January, 2021. They submit that they may file a joint compromise petition

before this Court as well.

The learned counsel for the opposite party No.-2 has submitted that there is complete non-cooperation from the side of the petitioner in the matter

of dissolution of marriage through mutual consent which is now pending before the learned court below and she submits that the question of any

compromise in the present criminal case would arise only once the marriage is dissolved through mutual consent.

However, the learned counsel for the parties seek adjournment to file their joint compromise petition in the present case.

The matter is adjourned and is directed to be posted on 11.01.2021.

The joint compromise petition, if any, should be filed latest by 08.01.2021.