IMPORTANT POINT
Cruelty and dowry offences – A cursory or plausible view cannot be conclusive proof to determine guilt of an individual under Section 498A and Section 4 of D.P. Act, 1961 – Term “cruelty” is subject to rather cruel misuse by parties and cannot be established simpliciter without specific instances.

JUDGMENT :

SATISH CHANDRA SHARMA, J.

1. Leave granted.

2. These Appeals by special leave are directed against Order dt.14.11.2018 passed by the High Court of Allahabad in Criminal Revision No. 612/2004 filed against the judgment and order dt. 18.11.2004 passed by the Additional Sessions Judge, Lucknow [hereinafter “Sessions Court”] whereby the Criminal Appeal No. 88/2004 filed by the Appellant was dismissed and the conviction of the Appellant under Section 498A of the Indian Penal Code (hereinafter “IPC” & Section 4 of the Dowry Prohibition Act, 1961 [hereinafter “DP Act, 1961”] vide Judgment dt. 28.08.2004 passed by the Chief Judicial Magistrate, Lucknow [hereinafter “Magistrate”] was upheld. The Order dt. 28.11.2018 dismissing the recall application against the said Order dt.14.11.2018 is also under challenge before this Court.

3. The captioned Appeal arises out of Case Crime No. 60/1999 lodged by the PS Women Police Station, Lucknow under Sections 498A, 323, 506 IPC & Sections 3 & 4 of the D.P. Act, 1961, on the basis of a Complaint dt. 20.12.1999 filed by the Complainant wife, against the Appellant husband and her in-laws alleging mental and physical torture for not bringing enough dowry. The factual conspectus in brief is as under:

3.1 The marriage of the Appellant with the Complainant, Ms. Mala Chaddha, had taken place on 12.02.1997. The Appellant resided separately with the Complainant wife only for a period of 12 days, from 08.09.1998 to 20.09.1998.

3.2 The Complainant who was working as a teacher with St. Thomas School prior to her marriage had allegedly resigned from her job on the advice of the Appellant husband; and her family had spent more than Rs. 5 lakhs towards the wedding. However, the Appellant, her in-laws, and the brother-in-law (Jeth) were constantly unhappy & dissatisfied, and subjected her to constant taunts, and inflicted upon her physical and mental atrocities. It is alleged that the Appellant husband and her in-laws forced the Complainant to consume milk mixed with some narcotic/alcoholic substances, and forced upon her to attend parties with his friends, where alcohol was served, and if the Complainant refused, the Appellant and his family would humiliate her. Allegedly, the parents-in-laws, in conspiracy with the Appellant, had planned to kill her, and had kept her in a safe house, separately from the matrimonial home, the keys for which were with the parents-in-law. On 23.09.1998, when the father of the Complainant was invited to the matrimonial house, the Appellant and her in-laws had allegedly assaulted the Complainant with kicks and punches in front of her father. The Appellant and his family purportedly expelled the Complainant, while she was pregnant. Thereafter, on 10.02.1998, the Appellant and her family again while ousting her out of the house, allegedly gave her a strong push, and as a result she fell down, and owing to the injury, had suffered a miscarriage. It is the case of the Complainant in the FIR that she made several requests for reconciliation including efforts through Family Counselling Centre till 16.12.1999, but it has been in vain, and as a consequence she registered the Complaint dt. 20.12.1999 against the Appellant and his family.

3.3 In her statement under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”), before the Magistrate, the Complainant reiterated the allegations in the FIR and stated for the first time that she was forced by the Appellant and his family to join service in St. Fidelis School, Aliganj, Lucknow and the in- laws would snatch her entire month’s salary, which was only Rs. 4,000/- at the time. On 23.09.1998, when the Appellant raised a demand of Rs. 2 Lacs, and her parents were unable to arrange the money, the Appellant and the in-laws allegedly beat her up. The Complainant asserts that she only took with her four gold bangles and one ring, while leaving her matrimonial home in July 1997 and rest all jewellery and list of items were with