TaxTMI 
TaxTMI 
TaxTMI 
2020 (2) TMI 1520
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.... in case they do so within the stipulated period and apply for bail the same was liable to be considered and decided in view of law laid down by full bench of High Court in case of Amrawati and Anr. v. State of U.P. 2004 (57) ALR 290 affirmed by this Court in Lal Kamlendra Pratap Singh v. State of U.P. 2009 (3) ADJ 322 (SC). 3. Shorn of unnecessary details the brief facts which led to the filling of this appeal can be summarised as under: Respondent No. 2 lodged First Information Report with Police Station Izzat Nagar, District Bareilly Under Section 493 Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act against the Appellants herein which was registered as case crime No. 431 of 2014. The allegations made in the F.I.R. were that Respondent No.- 2 approached Appellants with the proposal of marriage of his daughter Jyoti with Appellant No.- 1. On 30th June, 2013 the Appellants visited the house of Respondent No.- 2 and after meeting his daughter the proposal was finalised. On 21.07.2013, ring ceremony was performed and date of marriage was scheduled for 19.11.2013. Thereafter, Appellant No.- 2 started visiting the house of complainant/Respondent No.- 2. frequently....
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.... Counsel further submits that the High Court has failed to consider and appreciate that the allegations as contained in the First Information Report even if taken on the face value and assumed to be correct in entirety, do not prima-facie disclose commission of any offence, much less a cognizable offence. It is also submitted on behalf of the Appellants that the High Court did not appreciate and consider the fact at all that the allegations in the F.I.R., prima-facie, do not constitute commission of any offence and dismissed the 482 petition without adverting itself to this aspect of the matter. 9. Learned Counsel for the Respondent refuting the arguments advanced on behalf of Appellants submitted that the First Information Report was filed Under Section 493 of the Indian Penal Code (in short the "I.P.C.") read with Section 3/4 of the Dowry Prohibition Act and both the aforesaid offences are non-compoundable in nature and thus could not have been compromised. The allegations made in the First Information Report were found to be substantiated on investigation and thus a charge sheet filed by the Police and the High Court rightly dismissed the petition for quashing of the same. 10.....
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....inct and different although the ultimate consequence may be the same viz. acquittal of the Accused or dismissal of the indictment. 13. Another Three Judge Bench of this Court in Parbatbhai Aahir and Ors. v. State of Gujarat and Ors. (2017) 9 SCC 641. After analysing the precedents on, the above issue has summarised the broad principles in paragraph 15 of the reports as under: 15. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions: (i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1....
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....tate have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance. 14. In another decision in the case of Narinder Singh v. State of Punjab (2014) 6 SCC 466 it has been observed that in respect of offence against the society it is the duty to punish the offender. Hence, even where there is a settlement between the offender and victim the same shall not prevail since it is in interests of the society that offender should be punished which acts as deterrent for others from committing similar crime. On the other hand, there may be offences falling in the category where the correctional objective of criminal law would have to be given more weightage than the theory of deterrent punishment. In such cases, the court may be of the opinion that a settlement between the parties would lead to better relations between them and would resolve a festering private dispute and thus may exercise power Under Sect....
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.... v. State of Jharkhand (2013) 1 SCC 562 after analysing the provisions of Section 493 of Indian Penal Code, has observed as under: Upon perusal of Section 493 Indian Penal Code, to establish that a person has committed an offence under the said section, it must be established that a person had deceitfully induced a belief to a woman, who is not lawfully married to him, that she is a lawfully married wife of that person and thereupon she should cohabit or should have had sexual intercourse with that person. Looking at the aforestated section, it is clear that the Accused must induce a woman, who is not lawfully married to him, to believe that he is married to her and as a result of the aforestated representation, the woman should believe that she was lawfully married to him and there should be cohabitation or sexual intercourse as a result of the deception. If a woman is induced to change her status from that of an unmarried to that of a married woman with all the duties and obligations pertaining to the changed relationship and that result is accomplished by deceit, such woman within the law can be said to have been deceived and the offence Under Section 493 Indian Penal Code is ....
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....e marriage was settled, the Appellant No. 1 started visiting the house of the complainant frequently and would mislead and instigate his daughter that relation is final and only 'Feras' remains to be performed. On the fateful day, i.e., 16.08.2013, the Appellant No. 1 took leave and enticed and instigated his daughter took her to his room and promising that she is being his wife established physical relations." 24. A perusal of the averments would go to show that ingredients to constitute an offence Under Section 493 Indian Penal Code are missing from the averments. The allegations do not even prima-facie, cull out any inducement of belief in the victim that she is lawfully married to the Appellant No. 1 and on account of this deceitful misstatement, the victim co-habited with the Accused. Since the essential ingredients to constitute an offence Under Section 493 Indian Penal Code are missing from the allegations made in the F.I.R., offence under the said Section can not be said to be made out against the Appellants. 25. It is also to be taken note that whatever the allegations, in this regard, have been made only against the Accused-Appellant No. 1 which also do not cons....
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....ct of Section 3/4 of the Dowry Prohibition Act are very specific. The relevant allegations are being reproduced hereunder: Not only this applicant also finalised Barat Ghar OM Lawn for marriage party and made advance payment of Rs. 20,000/- but Arun along with his parents and all the opposite parties stick to their demand of Rs. 5 Lakhs cash. Applicant is a poor employee. He showed his inability to pay such a huge amount. But despite a very humble request and praying opposite parties could not be persuaded and they made demand for Rs. 5 Lakh in full Panchayat.... 29. A reading of the above provisions shows that essential ingredients of the offence Under Section 3/4 of the Dowry Prohibition Act are that the persons Accused should have made demand directly or indirectly from the parents or other relatives or guardians of a bride or a bridegroom as the case may be any dowry and/or abets the giving and taking of dowry. The allegations of the F.I.R. quoted hereinabove clearly go to show that a demand of dowry of Rs. 5 Lakhs was made by the Appellants from the complainants and thus it can not be said that no offence under the Dowry Prohibition Act are made out against the Appellants. T....