LALIT BHATIA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sharad Malviya, learned Counsel for the applicants, Sri Akhilesh Srivastava and Sri Dharmendra Singhal, Advocates, for the contesting opposite party and learned A.G.A. for the State.

(2.) THIS application under Section 482 Cr. P.C. has been filed invoking inherent powers for quashing the complainant case No. 27 of 2000, Pritam Dass v. Lalit Bhatia and Ors., pending before the Judicial Magistrate -II, Aligarh.

(3.) AFTER hearing the Counsel for the respective parties, I proceed to examine whether the complaint filed against the applicants can be quashed in exercise of inherent powers or not. The object of introducing Section 498 -A in the Indian Penal Code was to prevent a woman from being tortured or harassed by her husband or by her relatives with a view to extract dowry but at the same time it is relevant to examine that what is the meaning of cruelty against a married woman by the husband or his relatives to attract the offence and bring the family members and the husband within the purview of Section 498 -A and the consequent punishment. In the case of Sarla Prabhakar Vaghmare v. State of Maharashtra, 1990 Criminal Law Journal 407, it has been held that in any event, the willful act or conduct ought to be a proximate cause in order to bring home the charge under Section 498 -A IPC, an event some times back cannot be termed to be a factum, taken note in the matter of charge under Section 498 -A IPC. Legislative intend is clear enough to indicate any particular reference to Explanation (b) that there shall have to be a series of Act in order to be harassment within the meaning of the said Explanation. In the present case, the complaint has been lodged on 5 -5 -1998 but in paragraph 3 of the complaint without mentioning any date, the allegation of dowry has been levelled against the applicants. In paragraph 6 again the allegation is that on 24 -4 -1998, the applicants came to his house and made demand of Rs. one lac from his family members. The complainant has stated in the complaint that the threat and demand was extended to him on the date when the family members have visited his house to take back their daughter -in -law. The same allegations have been repeated in the statements under Sections 200 and 202 Cr. P.C. but there is no injury report on record. Besides the fact, the allegation in the divorce petition, which has been filed as Annexure -2 to the affidavit, spells out an entire different story. The judgment, which has been brought on record by means of supplementary affidavit in the divorce petition contains the evidence of the complainant, which was examined as PW -2 in the divorce proceeding. The denial before the divorce Court was given on oath and Court has come to a conclusion that there was are demand of dowry and wife was never subjected to any kind of harassment for demand of dowry. In view of the various categories laid down in the case of State of Haryana and Ors. v. Chaudhary Bhajan Lal, 1990(2) JIC 997 (SC); 1991 (28) ACC 111 (SC), the Apex Court has held that in the event, on the basis of admitted documents available on record, if the Court prima facie comes to a conclusion that there are no chances of conviction, first information report, charge -sheet or complaint as the case may be, can be quashed. In the case of R.P. Kapoor v. State of Punjab, AIR 1960 SC Page 866, the Apex Court had carved out three specific categories where the criminal proceedings could be quashed. The three categories are enumerated below: