Vishnudhari Ravidas @ Das And Others vs State Of Jharkhand And Others

Gautam Kumar Choudhary, J

The summoning order passed in Complaint Case No.761 of 2019 under Sections 420, 34 of the Indian Penal Code passed by learned J.M. 1st Class, Chatra, is under challenge in the instant criminal miscellaneous petition.

Complainant is brother of Late Babita Kumari who was married to petitioner no.2 on 03.07.2017 and she died during delivery of her child. It is alleged that she was not properly looked after, resulting in her death. After the death, Panchayati was held to return the dowry amount of Rs.1,10,000/- that was given at the time of marriage and out of that only Rs.30,000/- was returned and Rs.80,000/-was misappropriated by the petitioners.

It is submitted by learned counsel on behalf of petitioners that for unfortunate unnatural death of wife of petitioner no.2 at the time of delivery, false case has been filed to extort money from the petitioners. Originally the case was filed under Sections 120B, 323, 341, 498A, 302, 504, 506, 420, 467, 468/34 of the Indian Penal Code. Part of complainant story has been falsified after enquiry and prima facie case has been found only under Section 420 of the Indian Penal Code.

Even if the averments made in the Complaint is accepted to be true, no offence under Section 420 of the Indian Penal Code will be made out as there was no inducement in the said marriage. The name of Panch has not been disclosed in the complaint petition. There is no written document to support that any such agreement had been executed by these petitioners to return any amount.

Lastly, it is submitted that under Section 3 of the Dowry Prohibition Act, 1961, (D.P. Act) both acts of taking or receiving dowry is an offence. In the present case, prima facie case has not been found to be made out under any of the provision of the D.P. Act. If the allegation of giving dowry is accepted, the agreement for repayment of dowry amount cannot be enforced for realization of the amount given in dowry. Ingredients of Section 420 of the Indian Penal Code is not made out.

Learned Special P.P. vehemently opposed the quashing petition. It is submitted that although in the recital of the complaint, the name of Panches has not been disclosed, but enquiry witness nos.1 and 3 have stated that they were witnesses in the said Panchayti. Both these witnesses have supported the complainant’s case.

This is yet another case which has been filed as an arm twisting measure for payment to be made as a consequence of purported breach of agreement. There was no material whatsoever that the maternal mortality was due to harassment on part of these petitioners and consequently prima facie case has not been found to be made out in the offences alleged except that under Section 498A IPC.

The matter for considerations is in the absence of any material to that effect whether criminal proceeding can be permitted to continue on the allegation that the petitioners had promised to return Rs.1,10,000/- out of which they returned only Rs.30,000/-?

I find force in the argument on behalf of the petitioners that there is no material to show that petitioners had demanded and received the dowry amount as they are not proceeded against under provisions of the D.P Act. Therefore, no presumption can be drawn that there was any inducement on the part of the petitioners to receive the dowry amount. In the absence of any material to show that petitioners had caused wrongful loss to the complainant on account of inducement offence of cheating cannot be made out.

This Court is of the considered view that criminal proceeding cannot be permitted for the reason that no prima facie case is made out and the Court cannot be a party to enforce an agreement which against the provision of law. Under these circumstances, it will be an abuse of process of Court to permit the criminal prosecution under the offence charged.

Under the circumstance, the summoning order as well as entire criminal proceeding arising out of C.P. Case No.761 of 2019, is quashed.

Criminal Miscellaneous Petition is allowed.