Suresh and Others vs Inspector of Police

R. Regupathi, J.—The accused in all these cases alleged to have committed an offence punishable u/s 4 of Dowry Prohibition Act. Offences punishable under the provisions of Indian Penal Code also under Sections 498-A, 406 and 506 (ii), etc. alleged to have been committed.

Cases have been taken on file on the strength of the Complaint given invariably by the wife, against the husband and his family members. The allegations in all mese cases are that there was a demand of dowry. As it was not given, there was ill-treatment, misappropriation, assault, criminal intimidation, etc. resulting in the registration of these cases. The cases have been investigated by the Inspector of Police. All Women Police and regular police.

A Writ Petition has been filed in W.P. No. 31420 of 2005 (since reported in S.V. Ramamurthy Vs. The Secretary to Government of Tamil Nadu, Home Department and Others, , questioning the authority of the police officer to investigate and file the final report for the offences aforementioned. When the offences are committed under the provisions of Dowry Prohibition Act, it is only the Dowry Prohibition Officer, competent authority to investigate and file the final report before the learned Magistrate. Contrary to that, as the police officers have investigated the complaint, the Writ Petition has been filed.

Elaborate arguments have been advanced with regard to the power of authority vested with the Dowry Prohibition officers and police officers to conduct enquiry and investigation in cases like this.

The Division Bench of the Principal Seat of this Court at Madras, by an order dated 28.4.2006 has held that;

A conjoint reading of Rule 5 read with Rules 7 and 9 shows that the role of the police officer is not completely excluded by the Rules and the police officer may also go, investigate a case and later on register the same as non-cognizable. From Section 7 (b) (i) of the Act, it is clear that the Court can take cognizance of an offence under the Act also upon a police report.

In the present case, the Complaint is field u/s 4 of the Act and also u/s 498-A of the Indian Penal Code. u/s 198-A of the Code of Criminal Procedure, no Court can take cognizance of an offence punishable u/s 498-A except upon a police report of facts, which constitute such offence or upon a Complaint made by the person aggrieved person named in the Section, It is obvious that the offence u/s 498-A cannot be investigated by a Dowry Prohibition Officer whose jurisdiction is restricted to offences under the Act and not offences under the I.PC. which are also connected to demand for dowry. In respect of such an offence, it is only the police, who have got the power to investigate into the Complaint u/s 198-A of the Code of Criminal Procedure and the Court can take cognizance upon such police report on facts, which constitute such offence. Merely because the complaint is also in respect of offences under Sections 3 and 4 of the Act, the same cannot oust the power of the police to investigate into the offence u/s 498-A of the Indian Penal Code as well as under Sections 3 and 4 of the Act.

The order passed by the Principal Seat of this Court was questioned before the Honourable Supreme Court of India in SLP No. 9807 of 2006 and the Honourable Supreme Court has held as follows:

We have also carefully perused the order impugned in this Special Leave Petition. The order impugned in this SLP is a well-written order. There is absolutely no warrant for any interference with the order passed by the High Court. The SLP is dismissed accordingly.

The points raised in these Petitions to quash the proceedings, have been answered by the Division Bench of the Principal Seat of this Court and the same was confirmed by the Supreme Court. Under such circumstances, in view of the judgment rendered in similar circumstances, all these Petitions are liable to be dismissed.

As per Rule 4 of the Tamil Nadu Dowry Prohibition Rule, a complaint may be filed by:

(a) any aggrieved person;

(b) Parent or other relative;

(c) Welfare Institution, etc. to the Dowry Prohibition Officer.

As per Rule 5(iii), the Dowry Prohibition Officer can receive Complaint with regard to complaints for any offence under the Act. The Dowry Prohibition Officer, thereafter, scrutinize the Complaint and if it is found to be genuine and if it is within the purview of Sections 3 to 6 of the Dowry Prohibition Act, he will conduct an enquiry wherein, oral and documentary evidence from the parties or the witnesses will be received. While, conducting such enquiries, the Dowry Prohibition Officer may receive the assistance of any police officer or a Prohibition Officer. The Dowry Prohibition Officer''s approach shall be primarily preventive, remedial. Prosecution shall be recommended or resorted to, only if all other remedial measures and directions are found ineffective and parties fail to comply with the orders or direction within the stipulated time. To secure harmony in a matrimonial home the Dowry Prohibition Officer is invested with all powers to prevent abuse of Dowry menace before and after marriage.

If a Dowry Prohibition Officer fails in his other attempts viz., preventive and remedial, then only the prosecution shall be recommended.

As per Section 8-B(2)(c) of the Dowry Prohibition Act, it has been stated as follows:

(2) Every Dowry Prohibition Officer shall exercise their jurisdiction and powers viz.,

(c) to collect such evidence as may be necessary for the prosecution of persons committing offences under the Act.

Once the prosecution is recommended, as per Rule 5(xxii) "he shall render assistance to the police in investigating the Complaint filed under the Act and the Court in the trial of the case". Therefore, the Dowry Prohibition Officer may leave it to the police to proceed further. This role is applicable only if the offence is committed under the Act. The same set of procedures need not be followed if I.P.C. offences made out.

That is the reason why, it has been specifically stated u/s 7(1)(b) of the Dowry Prohibition Act that:

no Court shall take cognizance of an offence under this Act except that:

(i) its own knowledge or a police report of the facts which constitute such offence,

(ii) a complaint by the person aggrieved by the offence.

However, as per Rule 7 of Dowry Prohibition Rules, on conclusion of an enquiry, if a prima facie case is made out, the Dowry Prohibition Officer is empowered to file a report to the competent Magistrate, and such report shall be treated as a report u/s 173 of Code of Criminal Procedure.

Apart from these points, in some of the Petitions, the point raised is that the Deputy Superintendent of Police, as per the rules made under Dowry Prohibition Act, may have to investigate and file the final report. In the instant cases, the Inspector of Police filed the final report. Therefore, it is contended that as the investigation has not been taken up by the competent authority, the proceedings may have to be quashed.

Section 2-E of Tamil Nadu Dowry Prohibition Rules, defines "Police Officer" means, the Deputy Superintendent of Police of the Division concerned. Under such circumstance, the argument has been advanced that the case must be investigated only by the Deputy Superintendent of Police. In all the cases, apart from Section 4 of the Dowry Prohibition Act other I.PC. offences are also included. Whatever observations and discussions made in so far as the "Dowry Prohibition Officer" in the judgment of Division Bench are also equally applicable to this point also. Under such circumstances, for investigating the cases on hand, a regular Inspector of Police including Inspector of Police of All Women Police Station can investigate and for the said purpose, the Officer need not be a Dowry Prohibition Officer or a Deputy Superintendent of Police. Therefore, under such circumstances there are no merits in all these cases for quashing the proceedings and accordingly all the Criminal Original Petitions are dismissed. Consequently, connected Crl. M.Ps. are also dismissed.