V P DHANESH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application under Section 482, Cr. P.C. for quashing the entire criminal proceeding as well as the order dated 19-5-2003, whereby cognizance of the offence was taken by the Chief Judicial Magistrate, Seraikella under Section 498- A, IPC and under Sections 3 and 4 of the Dowry Prohibition Act in connection with Adityapur P.S. Case No. 230/02, G.R. Case No. 773/02, now pending in the court of S.D.J.M., Seraikella.

(2.) In this case, the F.I.R. was lodged by the wife, which reads as follows :

(3.) On perusal of the F.I.R. itself, it is clear that the marriage was the result of love affairs between the informant and the petitioner and there is no allegation that despite this love affair, some dowry was demanded by the petitioner or his family members before marriage. Therefore, the question of demanding dowry for the marriage is belied from the statements made in the F.I.R. itself. Then the second question is whether there is any offence committed under Section 4 of the Dowry Prohibition Act? Section 4 of the Dowry Prohibition Act reads as follows :