Summary
The Supreme Court quashed the Section 493 IPC charge but permitted prosecution under the Dowry Prohibition Act to continue. Section 493 requires deceit inducing belief in an existing lawful marriage and consequent cohabitation; allegations about a settled future marriage with ceremonies still outstanding did not disclose that ingredient. Specific allegations of a Rs 5 lakh dowry demand did disclose an offence, and the asserted compromise did not justify quashing those societal offences.
Issues
- Whether the asserted compromise warranted quashing the noncompoundable charges.
- Whether the FIR disclosed the distinct ingredients of Section 493 IPC and the dowry offences.
Provisions considered
- Section 493, Indian Penal Code, 1860Requires deceit causing belief in lawful marriage and cohabitation or intercourse in that belief. (¶¶ 17, 18, 19, 20, 22, 23, 24)
- Sections 3 and 4, Dowry Prohibition Act, 1961The specific dowry-demand allegations warranted continuation of the prosecution. (¶¶ 27, 28, 29, 30, 31)
Held
- Quashing under Section 482 differs from statutory compounding and may extend to noncompoundable offences in appropriate cases. But the alleged offences here had a serious societal dimension, so the asserted private settlement did not justify terminating prosecution. (¶¶ 11, 12, 13, 14, 15, 16)
- Section 493 requires deception about an existing lawful marital status and cohabitation or intercourse resulting from that belief. The allegations that marriage was fixed and ceremonies remained did not disclose that essential deception; allegations in that respect were also absent against the other accused. (¶¶ 17, 18, 19, 20, 22, 23, 24, 25)
- The FIR specifically alleged that the accused persisted in demanding Rs 5 lakh from the complainant, including before a panchayat. These allegations prima facie disclosed dowry offences and could not be quashed under Section 482 on the grounds advanced. (¶¶ 27, 28, 29, 30)
Result
Charge sheet quashed insofar as Section 493 IPC was concerned. Appeal dismissed in respect of the charge sheet under Section 3 read with Section 4 of the Dowry Prohibition Act; those proceedings to continue.