L. V. JADHAV versus SHANKARRAO ABASAHEB PAWAR & OTHERS

L. V. JADHAV versus SHANKARRAO ABASAHEB PAWAR & OTHERS

A mere demand for dowry in any shape or form either before or after marriage constitutes an offence under section 4 of the Dowry Prohibition Act. The entire definition of dowry should not be imported into section 4. The Act's dominant purpose is to eradicate the evil of demanding dowry, thus consent to the demand is...

Source-derived case information.

Parties
Appellant: L. V. Jadhav; Respondent: Shankarrao Abasaheb Pawar; Respondent: Pradeep Shankarrao Pawar; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
30 August 1983
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal Against Bombay High Court Judgment Quashing Criminal Proceedings
Outcome
Appeal allowed
Legal Topics
Dowry, Quashing of Proceedings, High Court's Inherent Power
Criminal Law Family Law Dowry Quashing of Proceedings High Court's Inherent Power

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Parties

L. V. Jadhav

Appellant

Shankarrao Abasaheb Pawar

Respondent

Pradeep Shankarrao Pawar

Respondent

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal Against Bombay High Court Judgment Quashing Criminal Proceedings

Legal Issues

  1. 1 Whether a mere demand for dowry, without consent to comply with the demand, constitutes an offence under section 4 of the Dowry Prohibition Act, 1961
  2. 2 Scope and application of High Court's inherent power to quash criminal proceedings

Ratio Decidendi

A mere demand for dowry in any shape or form either before or after marriage constitutes an offence under section 4 of the Dowry Prohibition Act. The entire definition of dowry should not be imported into section 4. The Act's dominant purpose is to eradicate the evil of demanding dowry, thus consent to the demand is not required for an offence under section 4.

Court Disposition

Appeal allowed

Orders

  • The learned Judicial Magistrate, First Class, is directed to take further proceedings on the complaint and dispose of the case according to law.