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PUNJAB & HARYANA HIGH COURT
M.L.Singhal, J.
Baldev Singh
Versus
Nasir Singh
Criminal Revision No. 1430 of 1986,
Decided On : NOVEMBER 26, 1996
DOWRY PROHIBITION ACT, 1961 - SECTION 6 - LIMITATION - INTERPRETATION - PROCEDURE - TRIAL - WARRANT CASE - DISCHARGE - JUSTIFICATION - EVIDENCE - APPRECIATION - REVISION - INTERFERENCE.
Fact of the Case:
Baldev Singh filed a complaint under Section 6 of the Dowry Prohibition Act, 1961, alleging that Nazir Singh and his parents demanded and received dowry from him at the time of his sister Smt. Palo's marriage to Nazir Singh. He claimed that the dowry was not given voluntarily but was demanded as a condition for the marriage. Nazir Singh and his parents were summoned to appear before the Magistrate, who, after recording pre-charge evidence, discharged them, holding that no case was made out against them.
Finding of the Court:
The court held that the complaint was not barred by limitation as the one-year limitation period under Section 7 of the Act started from the date when the District Magistrate granted permission to initiate prosecution, which was after the cause of action arose. The court also held that the Magistrate was justified in discharging the accused as the evidence produced by the complainant was not sufficient to sustain a conviction.
Issues: 1. Whether the complaint was barred by limitation under Section 7 of the Dowry Prohibition Act, 1961? 2. Whether the Magistrate erred in discharging the accused without framing charges? 3. Whether the evidence produced by the complainant was sufficient to sustain a conviction?
Ratio Decidendi: 1. The court interpreted Section 7 of the Act to mean that the one-year limitation period for filing a complaint under the Act starts from the date when the District Magistrate grants permission to initiate prosecution, which is after the cause of action arises. 2. The court held that the Magistrate did not err in discharging the accused without framing charges as the evidence produced by the complainant was not sufficient to sustain a conviction. 3. The court held that the evidence produced by the complainant was not sufficient to prove that the dowry was demanded as a condition for the marriage and that the accused had failed to return the dowry to the wife.
Final Decision: The court dismissed the revision petition filed by Baldev Singh, upholding the Magistrate's order discharging the accused.
M.L.Singhal, J.
1. According to the prosecution launched by Baldev Singh, petitioner, under section 6 of the Dowry Prohibition Act, 1961 as amended by Punjab Act of 1976, in the marriage of his sister Smt. Palo to Nazir Singh accused (respondent), ornaments, clothes, furniture etc. were given by way of dowry on demand by Nazir Singh and his father Hardam Singh and mother Smt. Tejo. Dowry was given to Nazir Singh because at the time of settlement/negotiations of marriage, Nazir Singh and his parents had put this demand that if ornaments, clothes, furniture etc. as mentioned in the list annexed to the complaint were given, marriage would take place and if ornaments, clothes, etc, as mentioned in the list annexed with the complaint were not given, marriage would not take place. In the presence of Panchayat consisting of Sada Kaur, Bagicha Singh and Zora Singh etc., ornaments, clothes etc. were entrusted to Nazir Singh and his parents soon after the Anand Karaj ceremony was over. At that time, parents, brother, sister and relations of the bride were also present. Gora Singh mediator of the marriage was also present. Nazir Singh and his parents took the dowry belonging to Smt. Palo to their village Fatta Kera.
2. According to the prosecution, Nazir Singh and his parents kept the dowry belonging to Smt. Palo in their possession, though they should have handed over dowry to Smt. Palo because dowry was meant to be used by her and belonged to her. Smt. Palo was turned out of the matrimonial home three months after marriage and they retained un-lawfully the entire dowry to themselves. Nazir Singh was re-married to Smt. Kakan of village Raguana. Nazir Singh and his parents committed an offence falling within the ambit of section 6 of the Dowry Prohibition Act, 1961 (as amended by Punjab Act of 1976). (for short hereinafter to be referred as the Act of 1961). Baldev Singh who is brother of Smt. Palo instituted complaint under section 6 of the Act of 1961 against Nazir Singh and his parents after obtaining permission from Sub- Davisonal Magistrate, Muktsar as envisaged by section 8-A of the Act 1961. Marriage took place on or about 9.5.82. Complaint was instituted on 9.11.84.
3. After recording preliminary evidence, Magistrate found sufficient grounds to proceed against the accused and he summoned them for trial vide order dated 4.4.85 under section 6 of the Dowry Prohibition Act, 1961 .
4. On 3.1.86, application was made by Baldev Singh before the Magistrate praying that accused be charged under section 406 of the IPC and 6 of the Act of 1961. Accused put in appearance before the Magistrate in response to the process issued against them.
5. After recording pre-charge evidence, the Magistrate vide order dated 1.6.86 found that no case was made out against the accused either under section 6 of the Act of 1961 or under section 406 IPC and he refused to frame charge against the accused and discharged them.
6. Aggrieved from this order dated 1.9.86 passed by the Magistrate, Baldev Singh has knocked the door of this court in revision. He has prayed that the impugned order be set aside and the case be remanded to the Magistrate with a direction for re-trial in accordance with law.
7. In the Dowry Prohibition Act, 1961 dowry is defined as meaning any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
8. Dowry, thus, is the property or valuable security given from the girl side as well as any such thing given from the boy side in consideration for the marriage. If any presents are made at the time of marri
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