Indian Penal Code, 1860
Section 406 and Section 6 of the Dowry Prohibition Act—Refusal by High Court to quash proceedings—Appeal—Father filed a complaint against former in-laws of his daughter for not returning the ornaments (gold) which he had given at the time of her marriage with their son—A woman exercises an absolute right over her ‘stridhan’—Action being initiated more than 5 years after the divorce of the complainant’s daughter and also 3 years after her second marriage had taken place—Even there is no authorization on the part of the complainant’s daughter in his favour to initiate proceedings for recovery of ‘stridhan’ exclusively belonging to her—Ingredients required for charge under Section 406 of IPC are not made out—Object of criminal proceedings is to bring a wrongdoer to justice, and it is not a mean to get revenge or seek a vendetta against persons with whom the complainant may have a grudge—Charge under Section 6 of the Dowry Prohibition Act is also not made out—Proceedings initiated by complainant against appellants stands quashed and set aside—Appeal allowed.
[Paras 14 to 17 & 20]