YOGENDRA KUMAR BANSAL Vs. ANJU

JUDGEMENT

(1.) THE wife filed a complaint in the court of the Magistrate against the husband. THE, husband through this application under Sec. 482 CrPC prays for the complaint being quashed.

(2.) THE complaint in short is that the husband after marriage made a demand for dowary. THE wife's parents could not fulfil it. THE wife was treated cruelly. THE dowry that was given in the marriage was not returned to wife, so she filed this complaint praying that the husband be punished under Section 498-A of the IPC for being cruel to the wife, for demanding dowry in contravention of the provisions of Dowry Prohibition Act and he be directed to transfer all the dowry given to the husband in kind and cash at the time of marriage.

(3.) NOW dowry means any property given or agreed to be given by the parents of a party to the marriage at marriage or before marriage or at any time after marriage in connection with the marriage. It has been said in the complaint that the husband has demanded an amount of Rs. 50,000/- from the wife's father and on not being given he became angry, tortured the wife and threatened to go for another marriage. So prima facie it appears that the amount was being demanded in connection with the marriage and it was a demand for dowry even though it was demanded after marriage. Such a demand has been made punishable under Section 4 of the Dowry Prohibition Act.