KAILASH CHANDRA AGRAWAL Vs STATE OF U.P..
Bench: V. GOPALA GOWDA,ADARSH KUMAR GOEL
Case number: Crl.A. No.-002055-002055 / 2014
Diary number: 18764 / 2011
Advocates: SHEKHAR KUMAR Vs
SHOMILA BAKSHI
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2055 of 2014 [Arising out of Special Leave Petition (Crl.) No.4656 of 2011]
KAILASH CHANDRA AGRAWAL & ANR. ..... APPELLANTS
VERSUS
STATE OF U.P. & ORS. ..... RESPONDENTS
J U D G M E N T
ADARSH KUMAR GOEL, J.
1. Leave granted.
2. This appeal has been preferred against the Order
dated 2nd May, 2011 of the High Court of Judicature of
Allahabad declining to quash the proceedings against the
appellants under Section 406 of the Indian Penal Code and
Section 6 of the Dowry Prohibition Act, 1961.
3. The case of the complainant in the FIR registered
on 4th May, 2010 in the Bhelupur Police Station at Varanasi is
that her marriage was solemnised on 30th April, 2005. Her
brothers who lived abroad gave lot of dowry and cash in the
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marriage but her family could not fulfil more demands raised
by the elder brother of her husband’s father, who was the
head of the joint family on account of which family members
of her husband were not satisfied and tortured her. On
account of torture, she came to her parents house with her
child on 1st March, 2009 she gave a complaint on 27 th
April, 2010 leading to registration of the FIR
on 4th May, 2010. She also filed complaint in the Court of
Additional Chief Judicial Magistrate, Varanasi. In the said
complaint, the appellants were summoned vide Order dated
30th November, 2010.
4. Aggrieved by the said summons, the appellants moved
the High Court under Section 482 OF THE Code of Criminal
Procedure (Cr.P.C.) with the plea that the summoning was
not justified as neither they were named in the FIR got
registered by the complainant nor any individual role was
attributed to them in the criminal complaint. Their
relationship with the husband of the complainant was remote
as grand father of the appellant No.1 was brother of grand
father of the husband of the complainant. In such remote
relationship, the appellants will have no interest in raising any
demand for dowry or causing any harassment to the
complainant. Their implication was thus, clear abuse of the
process of the Court.
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5. The High Court dismissed the petition with the
observation that the statement of the complainant under
Sections 200 and 202, Cr.P.C. disclosed the commission of
offence and thus there was no illegality in the order of
summoning.
6. We have heard learned counsel for the parties.
7. Learned counsel for the appellants submitted that
marriage took place in the year 2005 and a child was born on
15th January, 2009. Complaint was filed in the year 2010 after
filing of divorce petition by the husband of the complainant on
24th April, 2010. In the FIR, initially filed, there was no
allegation against the appellants but in the subsequent
complaint, the appellants were also named as accused
without any specific allegation against them. Thus, requiring
the appellants to face criminal proceedings was nothing but
abuse of the Court’s process.
8. On 27th June, 2011, while issuing notice this Court stayed
further proceedings in the criminal complaint.
9. We have gone through the FIR and the criminal
complaint. In the FIR, the appellants have not been named
and in the criminal complaint they have been named without
attributing any specific role to them. The relationship of the
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appellants with the husband of the complainant is distant. In
Kans Raj vs. State of Punjab & Ors. 1 , it was observed:-
“5………A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the real accused as appears to have happened in the instant case.”
The Court has, thus, to be careful in summoning distant
relatives without there being specific material. Only the
husband, his parents or at best close family members may be
expected to demand dowry or to harass the wife but not
distant relations, unless there is tangible material to support
allegations made against such distant relations. Mere naming
of distant relations is not enough to summon them in absence
of any specific role and material to support such role.
10. The parameters for quashing proceedings in a criminal
complaint are well known. If there are triable issues, the
Court is not expected to go into the veracity of the rival
versions but where on the face of it, the criminal proceedings
are abuse of Court’s process, quashing jurisdiction can be
exercised. Reference may be made to K. Ramakrsihna and
Ors. vs. State of Bihar and Anr. 2 , Pepsi Foods Ltd. and 1 (2000) 5 SCC 207 2 (2000) 8 SCC 547
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Anr. vs. Special Judicial Magistrate and Ors. 3 , State of
Haryana and Ors. vs. Ch. Bhajan Lal and Ors. 4 and
Asmathunnisa vs. State of A.P. represented by the
Public Prosecutor, High Court of A.P., Hyderabad and
Anr. 5 .
11. Applying the above tests, the proceedings in the present
case are clearly the abuse of the Court’s process.
12. Accordingly, we allow this appeal and quash the
proceedings against the appellants, without expressing any
opinion about the case of the complainant against the other
accused.
.……..…………………………….J. [ V. GOPALA GOWDA ]
.….………………………………..J. NEW DELHI [ ADARSH KUMAR GOEL ] September 16, 2014
3 (1998) 5 SCC 749 4 (1992) Suppl 1 SCC 335 5 (2011) 11 SCC 259
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ITEM NO.1A-For Judgment COURT NO.14 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Crl.A.No......../2014 arising from Petition(s) for Special Leave to Appeal (Crl.) No(s). 4656/2011 KAILASH CHANDRA AGRAWAL & ANR Petitioner(s) VERSUS STATE OF U.P.& ORS. Respondent(s)
Date : 16/09/2014 This petition was called on for Judgment today.
For Petitioner(s) Mr. Shekhar Kumar,Adv. For Respondent(s) Ms. Shomila Bakshi,Adv. Mrs. Mona K. Rajvanshi,Adv. Mr. M. R. Shamshad,Adv.
Hon'ble Mr. Justice Adarsh Kumar Goel pronounced the judgment of the Bench comprising Hon'ble Mr. Justice V.Gopala Gowda and His Lordship.
Leave granted. The appeal is allowed in terms of the signed order.
(VINOD KUMAR) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER (Signed Non-Reportable judgment is placed on the file)