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Head Note

The Code of Criminal Procedure, 1973  - Section 482 , The Dowry Prohibition Act,1961  - Section 3 , Section 4 , Indian Penal Code,1860  - Section 406 , Section 498-A

After marriage lived together as husband and wife - No child was born - Differences arose - Result - Complaint by respondent to Senior Superintendent of Police - Requesting a criminal case registered u/s 406 and 498-A IPC. - Forwarded to Women''s Cell - Made a detailed inquiry - Conclusion - In spite of periodical differences between the appellant and respondent No.2 - Continued to maintain their relationship as husband and wife - From report it appears - Even after she left Gujarat at the instance of husband - Returned to Gujarat - Thereafter they visited Mount Abu, Bombay, Shirdi, Udaipur, Jaipur, Delhi and Gandhinagar - Both went to Ambala - Women''s Cell found - On question of dowry - Entire complaint - Exaggerated - Nothing from inquiry to prove demand of dowry and issuance of threat - Dispute of civil nature - Not call for any action by local police - Subsequently - Further inquiry by Superintendent of Police - Despite report by Women''s Cell - Conclusion - Respondent No.2 harassed for not meeting demand of dowry - Suggested action taken under Sections 406, 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 - Conclusion - Case registered - Application under Section 482 Cr.P.C - Quashing FIR - Dismissed - Appeal - Complaint based on misunderstandings between parties - High Court did not appreciate - Nature of on and off relationship - Complaint did not make out - prima facie case - Under Section 498-A IPC - Complaint liable to be rejected - FIR also liable to quashed - Appeal allowed - Order of High Court set aside - FIR and all proceedings quashed - Appeal allowed.

Topic(s)-

Important Decision(s)- Inquiry by women cell-conclusion-nothing to prove demand of dowry and issuance of threat - Dispute of civil nature - No action by police - Necessary.