POPATSING ALIAS JALAMSING PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application u/s.482 of the Cr.P.C, the applicants who are arrayed as an accused in RCC No. 153/2007 pending of the file of J.M.F.C. Parola, Dist. Jalgaon for the alleged offence u/s.420 r/w. 34 of IPC have approached this Court to quash and set aside the said proceeding.

(2.) Rule. Rule made returnable forthwith. By consent of the parties, the application is finally heard at the stage of admission.

(3.) Before considering the submissions across the bar in support of their rival contentions, it is necessary to consider the certain facts which gave rise to file the present application. It appears that on 30 01 2007, engagement of daughter of complainant/ respondent no.2 by name Aarti took place with applicant no.2 herein. It further appears that after the engagement ceremony was over as stated, the marriage had not immediately taken place. It further appears that on 01 04 2007, the respondent no.2, the complainant alongwith some of his relatives approached the first applicant at his residence situated at Dhule and inquired as to when they will perform the marriage ceremony. It appears that at that time, there was demand by these applicants from the 2nd respondent that unless the dowry is paid in the sum of Rs.3,00,000/ , marriage will not be performed. As dowry was not paid as demanded by these applicants, the engagement between the daughter of respondent no.2 and applicant no.2 break down and marriage between them was not performed. It appears that on this basis, complaint came to be lodged by 2nd respondent in Parola Police Station, on the basis of which an offence came to be registered only u/s.420 r/w.34 of IPC. Even though there are allegations about the demand of dowry, no sections pertaining to demand of dowry i.e. 3 and 4 of the Dowry Prohibition Act were added in the sections for which the complaint came to be lodged. It appears that after completion of investigation, charge sheet came to be filed in the Court of J.M.F.C. Parola on 29 06 2007. Learned Magistrate took cognizance of the offences only u/s.420 r/w.34 of IPC, but it appears that no cognizance was taken u/s.3 and 4 of the Dowry Prohibition Act. On issuance of summons, these applicants appeared before the Court of Magistrate and were released on bail.