Dowry Complaints Must Be Approached Cautiously As That’s Serious Matter For Accused: Punjab & Haryana HC [Read Judgment]
8 years, 5 months ago

Dowry Complaints Must Be Approached Cautiously As That’s Serious Matter For Accused: Punjab & Haryana HC [Read Judgment]

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The allegations against the petitioners are vague, omnibus and general in nature and appear to have been made out of frustration just to widen the net and continuation of proceedings against the petitioners on the basis of such bald and baseless allegations is nothing but an abuse of process of law. The High Court of Punjab & Haryana in Daljit Singh & Ors v. Sukhwinder Kaur & Ors, sought a more cautious approach to cases related to dowry complaints filed under section 498-A of the CrPC. By this petition, petitioners Daljit Singh and others mentioned sought quashing of the complaint filed by Sukhwinder Kaur, and all the subsequent proceedings therein. Emphasising on the need for the application of mind of the magistrate before summoning the accused, rather than just examining witnesses, the court said: “The allegations against the petitioners are vague, omnibus and general in nature and appear to have been made out of frustration just to widen the net and continuation of proceedings against the petitioners on the basis of such bald and baseless allegations is nothing but an abuse of process of law. In the considered opinion of this court, by mere conjectures and implications, the petitioners, who are relatives of the husband, cannot be said to be involved for the offence of demand or misappropriation of dowry articles.” Thus, with the enumerated principles in mind, the court held that the complaint and consequent proceedings were not sustainable and set them aside, and thus, allowed the petition.

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