Indian Penal Code, 1860
Section 498A and Section 3 & 4 of the Dowry Prohibition Act—Dismissal of discharge petition—Revision—Marriage between first petitioner-husband and second respondent-wife declared to be null and void by Family Court—There is no utility in prolonging the proceedings against accused individuals, especially in light of the Family Court's order nullifying the marriage between first petitioner and second respondent—Version presented by second respondent lack specificity and consistency concerning the alleged dowry payments and their particulars—Vague assertions have been made in both the police complaint and the domestic violence case, without providing any clear explanation—Second respondent has failed to explain why she did not produce documentary evidence to support the alleged payments—Second respondent relinquished her claim in the divorce petition, with the intention to pursue the recovery of the amount through separate proceeding—There is no suspicion, much less strong or grave suspicion that the petitioners are guilty of the offence alleged under Section 3 and 4 of Dowry Prohibition Act—It would be unjustified to make the petitioners face a full-fledged criminal trial in this backdrop—Impugned order of the Magistrate dismissing the prayer for discharge is set aside—Petition allowed.
[Paras 19 to 22]