Shakson
Belthissor Vs. State of Kerala & ANR. [2009] INSC 1148 (6 July 2009)
Judgment
IN THE
SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 249
OF 2004 Shakson Belthissor .... Appellant Versus State of Kerala & Anr.
.... Respondents
Dr.
Mukundakam Sharma, J.
1.
This appeal is directed against the judgment and order dated
28.10.2002 passed by the Kerala High Court rejecting the petition filed by the
appellant herein praying for quashing of the first information report (for
short `the FIR') and the charge sheet filed against him.
2.
The Respondent No. 2 (Valsa) got married with the appellant on
23.10.1997. Even otherwise they are related to each other, the Respondent No. 2
being the daughter of the appellant's maternal uncle and paternal aunt.
Incidentally, the aforesaid marriage was the second marriage of Respondent No.
2 as she was earlier married to one Mr. Varghese, who died in the year 1995.
Through the said marriage the Respondent No. 2 has two sons. However, it was
the first marriage of the appellant. Out of the wedlock between the appellant
and Respondent No. 2, there is no issue.
3.
The appellant was working at the relevant time at Saudi Arabia.
The appellant got married to Respondent No. 2 when he came on leave for four
months. However, after the marriage there appears to be some dispute between
the parties. On 21.04.2002, Respondent No. 2 filed an FIR in the Kottayam
Police Station, District Kollam, Kerala alleging that the appellant married her
when he came on leave for 4 months and that after the marriage he stayed in the
house of the complainant - wife and that after expiry of the period of leave,
her husband - the appellant returned to the Gulf. It was also alleged by
Respondent No. 2 in the said FIR that thereafter, for 2-3 months, the appellant
used to send money for the expenses in the house, talked to her over phone and
also sent letters from Saudi Arabia and also behaved with her very
affectionately. It was also alleged that the parents of Respondent No. 2 at the
time of marriage had 2 given Rs. 5 lakhs and that the said money was utilized
by the family of the appellant for purchasing a house at Nediyazhikam and also
a property at Mukkam where they are residing. It was also alleged that thereafter
they started spreading wrong information regarding the conduct of the
Respondent No. 2 in the locality and also misled the appellant about her.
On
believing his family members, the appellant also stopped sending money from
Saudi Arabia for her expenses and also stopped sending letters to her. It was
also alleged by the Respondent No. 2 in the said FIR that when she called him
on telephone, the appellant behaved without affection towards her and
disconnected the phone due to which she became mentally weak. It was also
alleged that subsequently whenever the appellant came on leave, he never used
to come to the house of Respondent No. 2 and stayed in the house of his younger
brother and when Respondent No. 2 herself went to that house, she was turned
out from that house. It was also alleged that due to such treatment meted out
to her, she has been suffering both mentally and physically.
4.
On the basis of the said FIR a criminal case was registered and on
completion of the investigation made by the police, a charge sheet was
submitted by the police alleging, inter alia, that in the investigation it is
established that it is only the appellant, who has committed the offence. It 3
was also stated in the said charge sheet that investigation as per Section 498A
of the Indian Penal Code (in short "the IPC") is being continued
after dropping the provision of Section 34 IPC since it was revealed that no
offence was committed by any of the family members of the appellant under
Section 34 IPC. It was also stated in the charge sheet that since the appellant
has been in Gulf, arrest could not be made and therefore police requested the
court to issue a warrant of arrest for production of the accused-appellant.
5.
Both the FIR and the charge sheet, which were submitted by the
police, became the bone of contention so far as the appellant is concerned, and
therefore, he filed a Criminal Miscellaneous Case No. 9376 of 2002 under
Section 482 of the Criminal Procedure Code (in short "the CrPC) before the
High Court of Kerala at Ernakulam praying for quashing of both the FIR as also
the charge sheet on the ground that no case for prosecution under Section 498 A
IPC is made out against him. The High Court, however, without issuing any
notice on the said petition rejected the petition holding that by no stretch of
imagination it can be said that the FIR and the charge sheet do not disclose
the commission of the offence alleged against the appellant.
6.
Being aggrieved by the said order passed by the learned Single
Judge of the High Court, the present appeal was filed on which notice was
issued and further proceedings before the trial court were stayed by this
Court.
7.
Now, the appeal is listed before us for hearing and we heard the
learned counsels appearing for the parties. In order to fairly appreciate the
contents of the submissions made by the counsel appearing for the parties, it
is necessary to extract relevant portion of the FIR and the charge sheet.
8.
The relevant part of the FIR is as under:
"......On
last 23rd October, 1997, Shakson Belthissor of Nediyazhikam House, Mukkam,
Mayyanad married me at the Iyyathu Church at Kollam in accordance with the
religious rites and custom. Husband is called by the name Raju. Husband has
been working in Saudi Arabia as Business Executive. He married me at the time
when he came on leave for 4 months. After the marriage, after wedded life had
been in my house. On expiry of the period of leave, husband returned to Gulf.
Thereafter, for 2-3 months, it was used to send money for the expenses in the
house, to talk over phone, to send letters and to behave with very affection
towards me. At the time of the marriage, my parents had given Rs. 5 lakhs as
dowry.
Using
that amount with the consent of husband, Jose Major (younger brother of husband),
wife Jessilet Manoj, their mother Jain Franco purchased Nediyazhikam house and
property at Mukkam and resided therein. Thereafter, they spread in the locality
unnecessary matters regarding me and informed husband and misled him. Husband,
who believed their words, later stopped sending money for my expenses or
sending letters. When I called him over phone, he would behave without
affection towards 5 me and cut off the phone. Due to this behaviour from the
part of husband and the aforesaid relatives, I was mentally weakened. While
being so, husband came back on leave. Without coming to my house, went to the
house of the younger brother. Learning about it, I went to there. Then, the
younger brother, wife and wife's mother closed the door of the house after sending
me out.
From that
event and onwards, I had been suffering from physical and mental
torturing..."
Relevant
part of the charge sheet is as under:
"...
While leading family life in Vivek Bhawan having number 11 in Ward VII along
the west side of the Panchayath Road going from Cheriyil Pullichira Post Office
Junction towards Devalakuzhi and other places, the accused spent off some
amount from the Rs 5 lakhs which had been given as dowry at the time of
marriage and after buying property with the balance amount he left for Gulf,
and thereafter without giving for the maintenance of the witness No. 1 or
looking after the family affairs, the witness No. 1 was tortured through
letters and over phone and when he came on leave, he spread unnecessary matter
about the witness No. 1 and tortured mentally and thus committed the offence
under the above provision - regarding."
Report
".....On getting it revealed during the investigation of the case that
only the accused No. 1 has committed the offence, report has been submitted
before the Court for reducing the number from 2 to 4 regarding the
identification of the full name and address of the accused No. 1.
Report
has been submitted before the Court regarding continuation of the investigation
as per Section 498A IPC after reducing Section 34 IPC, since it was 6 revealed
that no offence was committed under Section 34 IPC.
Since the
accused in this case has been in Gulf, arrest could not be made and the Hon'ble
Court may be pleased to issue warrant to arrest and produce the accused."
9.
The scope and power of quashing a first information report and
charge sheet under Section 482 of the CrPC is well settled. The said power is
exercised by the court to prevent abuse of the process of law and court but
such a power could be exercised only when the complaint filed by the
complainant or the charge sheet filed by the police did not disclose any
offence or when the said complaint is found to be frivolous, vexatious or
oppressive. A number of decisions have been rendered by this Court on the
aforesaid issue wherein the law relating to quashing of a complaint has been
succinctly laid down.
10.
In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736,
it was held that the Magistrate while issuing process against the accused
should satisfy himself as to whether the allegations made in the complaint, if
proved, would ultimately end in the conviction of the accused. It was held that
the order of Magistrate for issuing process against the accused could be
quashed under the following circumstances: (SCC p. 741, para 5) 7 "(1)
Where the allegations made in the complaint or the statements of the witnesses
recorded in support of the same taken at their face value make out absolutely
no case against the accused or the complaint does not disclose the essential
ingredients of an offence which is alleged against the accused;
(2) Where
the allegations made in the complaint are patently absurd and inherently
improbable so that no prudent person can ever reach a conclusion that there is
sufficient ground for proceeding against the accused;
(3) Where
the discretion exercised by the Magistrate in issuing process is capricious and
arbitrary having been based either on no evidence or on materials which are
wholly irrelevant or inadmissible; and (4) Where the complaint suffers from
fundamental legal defects, such as, want of sanction, or absence of a complaint
by legally competent authority and the like."
11.
In the case of Drugs Inspector v. Dr. B.K. Krishna [1981 (2) SCC
454] it was held by this Court that in a quashing proceeding, the High Court
has to see whether the allegations made in the complaint petition, if proved,
make out a prima facie offence and that the accused has prima facie committed
the offence. In the sand decision this Court refused the prayer for quashing of
the complaint on the ground that there were sufficient allegations in the
complaint to make out a case that the accused persons were responsible for the
management and conduct of the firm and, therefore, the extent of their
liability could be and should be established during trial.
12.
In Municipal Corporation of Delhi v. Ram Kishan Rohtagi [1983 (1)
SCC 1] it was held that when on the allegation made in the complaint, a 8 clear
case was made out against all the respondents (accused persons), the High Court
ought not to have quashed the proceedings on the ground that the complaint did
not disclose any offence. In Municipal Corporation of Delhi (supra), this Court
observed as follows in para
"8.
Another important consideration which is to be kept in mind is as to when the
High Court acting under the provisions of Section 482 should exercise the
inherent power insofar as quashing of criminal proceedings is concerned. This
matter was gone into in greater detail in Smt Nagawwa v. Veeranna Shivalingappa
Konjalgi, (1976) 3 SCC 736 where the scope of Sections 202 and 204 of the
present Code was considered and while laying down the guidelines and the
grounds on which proceedings could be quashed this Court observed as follows:
[SCC para
5, p. 741 : SCC (Cri) pp. 511-12] Thus it may be safely held that in the
following cases an order of the Magistrate issuing process against the accused
can be quashed or set aside:
(1) where
the allegations made in the complaint or the statements of the witnesses
recorded in support of the same taken at their face value make out absolutely
no case against the accused or the complaint does not disclose the essential
ingredients of an offence, which is alleged against the accused;
(2) where
the allegations made in the complaint are patently absurd and inherently
improbable so that no prudent person can ever reach a conclusion that there is
sufficient ground for proceeding against the accused;
(3) where
the discretion exercised by the Magistrate in issuing process is capricious and
arbitrary having been based either on no evidence or on materials which are
wholly irrelevant or inadmissible; and (4) where the complaint suffers from
fundamental legal defects, such as, want of sanction, or absence of a complaint
by legally competent authority and the like.
9 The
cases mentioned by us are purely illustrative and provide sufficient guidelines
to indicate contingencies where the High Court can quash proceedings."
13.
In State of Haryana v. Bhajan Lal, 1992 Supp. (1) SCC 335, a
question came up for consideration as to whether quashing of the FIR filed
against the respondent Bhajan Lal for the offences under Sections 161 and 165
IPC and Section 5(2) of the Prevention of Corruption Act was proper and legal.
Reversing the order passed by the High Court, this Court explained the
circumstances under which such power could be exercised.
Apart
from reiterating the earlier norms laid down by this Court, it was further
explained that such power could be exercised where the allegations made in the
FIR or complaint are so absurd and inherently improbable on the basis of which
no prudent person can ever reach a just conclusion that there is sufficient
ground for proceeding against the accused. It observed as follows in para 102:
"102.
In the backdrop of the interpretation of the various relevant provisions of the
Code under Chapter XIV and of the principles of law enunciated by this Court in
a series of decisions relating to the exercise of the extraordinary power under
Article 226 or the inherent powers under Section 482 of the Code which we have
extracted and reproduced above, we give the following categories of cases by
way of illustration wherein such power could be exercised either to prevent
abuse of the process of any court or otherwise to secure the ends of justice,
though it may not be possible to lay down any precise, clearly defined and
sufficiently channelised and inflexible guidelines or rigid formulae and to
give an exhaustive list of myriad kinds of cases wherein such power should be
exercised.
(1) Where
the allegations made in the first information report or the complaint, even if
they are taken at their face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against the accused.
(2) Where
the allegations in the first information report and other materials, if any,
accompanying the FIR do not disclose a cognizable offence, justifying an
investigation by police officers under Section 156(1) of the Code except under
an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where
the uncontroverted allegations made in the FIR or complaint and the evidence
collected in support of the same do not disclose the commission of any offence
and make out a case against the accused.
(4)
Where, the allegations in the FIR do not constitute a cognizable offence but
constitute only a non-cognizable offence, no investigation is permitted by a
police officer without an order of a Magistrate as contemplated under Section
155(2) of the Code.
(5) Where
the allegations made in the FIR or complaint are so absurd and inherently
improbable on the basis of which no prudent person can ever reach a just
conclusion that there is sufficient ground for proceeding against the accused.
(6) Where
there is an express legal bar engrafted in any of the provisions of the Code or
the concerned Act (under which a criminal proceeding is instituted) to the
institution and continuance of the proceedings and/or where there is a specific
provision in the Code or the concerned Act, providing efficacious redress for
the grievance of the aggrieved party.
(7) Where
a criminal proceeding is manifestly attended with mala fide and/or where the
proceeding is maliciously instituted with an ulterior motive for wreaking
vengeance on the accused and with a view to spite him due to private and
personal grudge."
14.
However, in paragraph 108 of the said judgment, this Court
referred to and relied upon it earlier judgment in Sheonandan Paswan vs. State
of Bihar; AIR SC 877 wherein it has been held as under:
"It
is a well established proposition of law that a criminal prosecution, it
otherwise justifiable and based upon adequate 11 evidence does not become
vitiated on account of mala fides or political vendetta of the first informant
or the complainant."
Thus, in
such circumstances, the issue of malafice becomes irrelevant.
15.
The above decision was followed by this Court in Pepsi Foods Ltd.
In
paragraph 28 of the said judgment this Court held thus :
"28.
Summoning of an accused in a criminal case is a serious matter. Criminal law
cannot be set into motion as a matter of course. It is not that the complainant
has to bring only two witnesses to support his allegations in the complaint to
have the criminal law set into motion. The order of the Magistrate summoning
the accused must reflect that he has applied his mind to the facts of the case
and the law applicable thereto. He has to examine the nature of allegations
made in the complaint and the evidence both oral and documentary in support thereof
and would that be sufficient for the complainant to succeed in bringing charge
home to the accused. It is not that the Magistrate is a silent spectator at the
time of recording of preliminary evidence before summoning of the accused. The
Magistrate has to carefully scrutinise the evidence brought on record and may
even himself put questions to the complainant and his witnesses to elicit
answers to find out the truthfulness of the allegations or otherwise and then
examine if any offence is prima facie committed by all or any of the
accused."
16.
Further, this Court observed in S. W. Palanikar v. State of Bihar
[2002 (1) SCC 241] that every breach of trust may not result in a penal 12
offence of criminal breach of trust unless there is evidence of a mental act of
fraudulent misappropriation. It observed as follows:
"8.
Before examining respective contentions on their relative merits, we think it
is appropriate to notice the legal position.
Every
breach of trust may not result in a penal offence of criminal breach of trust
unless there is evidence of a mental act of fraudulent misappropriation. An act
of breach of trust involves a civil wrong in respect of which the person
wronged may seek his redress for damages in a civil court but a breach of trust
with mens rea gives rise to a criminal prosecution as well.
9. The
ingredients in order to constitute a criminal breach of trust are: (i)
entrusting a person with property or with any dominion over property, (ii) that
person entrusted (a) dishonestly misappropriating or converting that property
to his own use; or (b) dishonestly using or disposing of that property or
wilfully suffering any other person so to do in violation (i) of any direction
of law prescribing the mode in which such trust is to be discharged, (ii) of
any legal contract made, touching the discharge of such trust.
10. The
ingredients of an offence of cheating are: (i) there should be fraudulent or
dishonest inducement of a person by deceiving him, (ii)(a) the person so
deceived should be induced to deliver any property to any person, or to consent
that any person shall retain any property; or (b) the person so deceived should
be intentionally induced to do or omit to do anything which he would not do or
omit if he were not so deceived; and (iii) in cases covered by (ii)(b), the act
of omission should be one which causes or is likely to cause damage or harm to
the person induced in body, mind, reputation or property.
11. One
of us (D.P. Mohapatra, J.), speaking for the Bench, in Hridaya Ranjan Prasad
Verma v. State of Bihar, (2000) 4 SCC 168 on facts of that case, has expressed
thus: (SCC p. 177, para 15)
15. In
determining the question it has to be kept in mind that the distinction between
mere breach of contract and the offence of cheating is a fine one. It depends
upon the intention of the accused at the time of inducement which may be judged
by his subsequent conduct but for this subsequent conduct is not the sole test.
Mere breach of contract cannot give rise to criminal prosecution for cheating
unless fraudulent or dishonest intention is shown right at the beginning of the
transaction that is the time 13 when the offence is said to have been
committed. Therefore it is the intention which is the gist of the offence. To
hold a person guilty of cheating it is necessary to show that he had fraudulent
or dishonest intention at the time of making the promise. From his mere failure
to keep up promise subsequently such a culpable intention right at the
beginning, that is, when he made the promise cannot be presumed."
(emphasis
supplied)
17.
This Court in the case of Indian Oil Corpn. v. NEPC India
Ltd.,(2006) 6 SCC 736, at page 747 has observed as under :
"12.
The principles relating to exercise of jurisdiction under Section 482 of the
Code of Criminal Procedure to quash complaints and criminal proceedings have
been stated and reiterated by this Court in several decisions. To mention a
few-- Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre, State of
Haryana v. Bhajan Lal, Rupan Deol Bajaj v. Kanwar Pal Singh Gill, Central
Bureau of Investigation v. Duncans Agro Industries Ltd., State of Bihar v.
Rajendra Agrawalla, Rajesh Bajaj v. State NCT of Delhi, Medchl Chemicals &
Pharma (P) Ltd. v. Biological E. Ltd., Hridaya Ranjan Prasad Verma v. State of
Bihar, M. Krishnan v. Vijay Singh and Zandu Pharmaceutical Works Ltd. v. Mohd.
Sharaful Haque.. The principles, relevant to our purpose are:
(i) A
complaint can be quashed where the allegations made in the complaint, even if
they are taken at their face value and accepted in their entirety, do not prima
facie constitute any offence or make out the case alleged against the accused.
For this
purpose, the complaint has to be examined as a whole, but without examining the
merits of the allegations. Neither a detailed inquiry nor a meticulous analysis
of the material nor an assessment of the reliability or genuineness of the
allegations in the complaint, is warranted while examining prayer for quashing
of a complaint.
(ii) A
complaint may also be quashed where it is a clear abuse of the process of the court,
as when the criminal proceeding is 14 found to have been initiated with mala
fides/malice for wreaking vengeance or to cause harm, or where the allegations
are absurd and inherently improbable.
(iii) The
power to quash shall not, however, be used to stifle or scuttle a legitimate
prosecution. The power should be used sparingly and with abundant caution.
(iv) The
complaint is not required to verbatim reproduce the legal ingredients of the
offence alleged. If the necessary factual foundation is laid in the complaint,
merely on the ground that a few ingredients have not been stated in detail, the
proceedings should not be quashed. Quashing of the complaint is warranted only
where the complaint is so bereft of even the basic facts which are absolutely necessary
for making out the offence.
(v) A
given set of facts may make out: (a) purely a civil wrong;
or (b)
purely a criminal offence; or (c) a civil wrong as also a criminal offence. A
commercial transaction or a contractual dispute, apart from furnishing a cause
of action for seeking remedy in civil law, may also involve a criminal offence.
As the nature and scope of a civil proceeding are different from a criminal
proceeding, the mere fact that the complaint relates to a commercial
transaction or breach of contract, for which a civil remedy is available or has
been availed, is not by itself a ground to quash the criminal proceedings. The
test is whether the allegations in the complaint disclose a criminal offence or
not."
18.
This Court has recently in R. Kalyani v. Janak C. Mehta and
Others, (2009) 1 SCC 516, observed as follows:
"15.
Propositions of law which emerge from the said decisions are:
(1) The
High Court ordinarily would not exercise its inherent jurisdiction to quash a
criminal proceeding and, in particular, a First Information Report unless the
allegations contained therein, even if given face value and taken to be correct
in their entirety, disclosed no cognizable offence.
15 (2)
For the said purpose, the Court, save and except in very exceptional
circumstances, would not look to any document relied upon by the defence.
(3) Such
a power should be exercised very sparingly. If the allegations made in the FIR
disclose commission of an offence, the court shall not go beyond the same and
pass an order in favour of the accused to hold absence of any mens rea or actus
reus.
(4) If
the allegation discloses a civil dispute, the same by itself may not be a
ground to hold that the criminal proceedings should not be allowed to continue.
16. It is
furthermore well known that no hard and fast rule can be laid down. Each case
has to be considered on its own merits.
The
Court, while exercising its inherent jurisdiction, although would not interfere
with a genuine complaint keeping in view the purport and object for which the
provisions of Sections 482 and 483 of the Code of Criminal Procedure had been
introduced by Parliament but would not hesitate to exercise its jurisdiction in
appropriate cases. One of the paramount duties of the superior courts is to see
that a person who is apparently innocent is not subjected to persecution and
humiliation on the basis of a false and wholly untenable complaint."
19.
The same view has been taken by this Court in Chunduru Siva Ram
Krishna & Anr. v. Peddi Ravindra Babu & Anr., SLP (Crl.) No. 2991 of
2007; and V. V. S. Rama Sharma & Ors. v. State of U.P. & Ors., SLP
(Crl.) No. 1529 of 2007.
20.
It was fairly agreed at bar that the aforesaid FIR was filed by
Respondent No. 2 with the intention of making out a prima facie case of offence
under Section 498A of the Indian Penal Code. The charge sheet, which was filed
by the police was under Section 498A of the Indian Penal 16 Code. As to whether
or not in the FIR filed and in the charge sheet a case of Section 498A IPC is
made out or not is an issue, which is required to be answered in this appeal.
Section 498A of the IPC reads as follows:
"498A.
Husband or relative of husband of a woman subjecting her to cruelty.
Whoever,
being the husband or the relative of the husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.
Explanation-For
the purpose of this section, "cruelty"
means-
(a) Any willful conduct which is of such a nature as is likely to drive the
woman to commit suicide or to cause grave injury or danger to life, limb or
health whether mental or physical) of the woman; or (b) Harassment of the woman
where such harassment is with a view to coercing her or any person related to
her to meet any unlawful demand for any property or valuable security or is on
account of failure by her or any person related to her meet such demand".
21.
In the light of the aforesaid language used in the Section, the
provision would be applicable only to such a case where the husband or the
relative of the husband of a woman subjects the said woman to cruelty. When the
ingredients of the aforesaid Section are present in a particular case, in that
event the person concerned against whom the offence is alleged would be 17
tried in accordance with law in a trial instituted against him and if found
guilty the accused would be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine. The said section
contains an explanation, which defines "cruelty" as understood under
Section 498A IPC. In order to understand the meaning of the expression
`cruelty' as envisaged under Section 498A, there must be such a conduct on the
part of the husband or relatives of the husband of woman which is of such a
nature as to cause the woman to commit suicide or to cause grave injury or
danger to life, limb or health whether mental or physical of the woman.
22.
When we examine the facts of the present case particularly the FIR
and the charge sheet we find that there is no such allegation either in the FIR
or in the charge sheet making out a prima facie case as narrated under
explanation (a). There is no allegation that there is any such conduct on the
part of the appellant which could be said to be amounting to cruelty of such a
nature as is likely to cause the Respondent No. 2 to commit suicide or to cause
any injury to her life. The ingredient to constitute an offence under explanation
(a) of Section 498A IPC are not at all mentioned either in FIR or in charge
sheet and in absence thereof, no case is made out. Therefore, explanation (a)
as found in Section 498A IPC is clearly not attracted in the present case.
23.
We, therefore, now proceed to examine as to whether the case would
fall under explanation (b) of Section 498A of IPC constituting cruelty of the
nature as mentioned in explanation (b). In order to constitute cruelty under
the said provision there has to be harassment of the woman with a view to
coercing her or any person related to her to meet any unlawful demand for any
property or valuable security or a case is to be made out to the effect that
there is a failure by her or any person related to her to meet such demand.
When the allegation made in the FIR and charge sheet is examined in the present
case in the light of the aforesaid provision, we find that no prima facie case
even under the aforesaid provision is made out to attract a case of cruelty.
24.
The marriage between the appellant and Respondent No. 2 was
performed on 23.10.1997 when it is alleged that Rs. 5 lakhs was given by the
parents of Respondent No. 2 to the family of appellant as dowry. The FIR was
filed in the month of April, 2002 and in the said FIR there is no allegation
that subsequent thereto any harassment was made by the appellant with a view to
coercing her or any person related to Respondent No. 2 to meet any unlawful
demand or any property.
25.
In that view of the matter neither explanation (a) nor explanation
(b) of Section 498 A of IPC is attracted in the present case. It is crystal
clear that 19 neither in the FIR nor in the charge sheet there is any
ingredient of Section 498A IPC, which could prima facie constitute a case of
cruelty as defined in that Section.
26.
It is thus established that on a reading of the FIR as also the
charge sheet filed against the appellant no case under Section 498A is made out
on the face of the record, and therefore, both the FIR as also the charge sheet
are liable to be quashed in exercise of the powers under Section 482 of the
CrPC.
Clearly,
the High Court failed to appreciate the facts in proper perspective, and
therefore, committed an error on the face of the record.
27.
We, therefore, allow this appeal and quash the proceedings
initiated against the appellant under Section 498A of the IPC.
28.
The appeal is allowed to the aforesaid extent.
..............................J. (Dr. Mukundakam Sharma)
...............................J.
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