ARUN SINGH & OTHERS versus STATE OF U.P. THROUGH ITS SECRETARY & ANOTHER

ARUN SINGH & OTHERS versus STATE OF U.P. THROUGH ITS SECRETARY & ANOTHER

The FIR did not prima facie disclose an offence under Section 493 IPC because it lacked allegations of deceit inducing the victim to believe she was lawfully married and thereby cohabit; accordingly the charge sheet insofar as Section 493 IPC is quashed. However, the FIR contains specific allegations of demand of dowry of Rs.5 Lakhs and thus prima facie discloses offences under Sections 3 and 4 of the Dowry Prohibition Act, 1961; those charges are not liable to be quashed and the appeal is dismissed in that respect. A prior compromise between parties does not, by itself, justify quashing non-compoundable offences against society.

Parties
Appellants: Arun Singh & Others; Respondent: State of U.P. through its Secretary; Complainant: Respondent No.2 (complainant)
Jurisdiction
India
Judgment Date
10 February 2020
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Dismissing Petition Under Section 482 Cr Pc; Final Judgment on Merits
Outcome
Appeal partly allowed.
Legal Topics
Quashing of Fir/charge Sheet Under Section 482 Cr PC, Non Compoundable Offences, Section 493 IPC (cohabitation Caused by Deceit), Dowry Prohibition Act Sections 3 and 4, Meaning of Deceit
Criminal Law Criminal Procedure Dowry Law Quashing of Fir/charge Sheet Under Section 482 Cr PC Non Compoundable Offences Section 493 IPC (cohabitation Caused by Deceit) Dowry Prohibition Act Sections 3 and 4 Meaning of Deceit

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Parties

Arun Singh & Others

Appellants

State of U.P. through its Secretary

Respondent

Respondent No.2 (complainant)

Complainant

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Dismissing Petition Under Section 482 Cr Pc; Final Judgment on Merits

Legal Issues

  1. 1 Whether the High Court can quash proceedings under Section 482 CrPC in respect of non-compoundable offences
  2. 2 Whether the allegations in the FIR prima facie disclose an offence under Section 493 IPC
  3. 3 Whether the allegations in the FIR disclose offences under Sections 3 and 4 of the Dowry Prohibition Act, 1961

Ratio Decidendi

The FIR did not prima facie disclose an offence under Section 493 IPC because it lacked allegations of deceit inducing the victim to believe she was lawfully married and thereby cohabit; accordingly the charge sheet insofar as Section 493 IPC is quashed. However, the FIR contains specific allegations of demand of dowry of Rs.5 Lakhs and thus prima facie discloses offences under Sections 3 and 4 of the Dowry Prohibition Act, 1961; those charges are not liable to be quashed and the appeal is dismissed in that respect. A prior compromise between parties does not, by itself, justify quashing non-compoundable offences against society.

Court Disposition

Appeal partly allowed.

Orders

  • Charge sheet insofar as Section 493 IPC is quashed.
  • Appeal dismissed insofar as charges under Section 3 read with Section 4 of the Dowry Prohibition Act, 1961 are concerned.