Punjab and Haryana High Court has recently held that in the last decade, a tendency has developed in Punjab, Haryana, Chandigarh, India for roping in all the relations of husband in false and fictitious dowry cases in order to pressurize the family of the husband and the husband himself to agree to the terms and conditions of he wife and her family. In the present case FIR had been lodged against against two unmarried sisters of Husband who were living in USA/ America. High Court Chandigarh has made these observations while quashing the FIR/ First information report registered against the two unmarried sisters. It was also held that the petitioners were NRIs in USA who were residing in USA on the basis of study visa. The was no occasion for them to ask for dowry in India.
In the case before High Court, despite there being no specific allegation against them, the unmarried sisters had been roped in the FIR. That FIR against the unmarried sisters of husband was quashed by Chandigarh High Court. The reason of quashing was that the unmarried sisters were not going to gain anything from the demand of dowry. Further, there was no specific allegation against the unmarried sisters as to what dowry articles were entrusted to which of them.
On these grounds, Chandigarh High court held that the two sisters were unmarried sisters of the accused husband. There was no specific allegation against them and therefore it could be concluded that they have been falsely and unlawfully roped in the FIR. It was further held that in the recent past, a tendency had developed for roping in all the relations of husband in dowry cases in order to pressurize the family of the husband. Another reason of quashing was that the sisters were not going to gain from the demand of dowry and there was no specific allegation as to what dowry articles were entrusted to which of the unmarried sisters. Further, no specific role or overt act had been attributed to any of the unmarried sisters and the allegations made in the FIR held to be not only vague, but rather general in nature. Criminal Lawyers in Chandigarh High Court also successfully pleaded that for the fault of the husband, the other relations cannot be said to be involved in the demand of dowry.
SimranLaw – Lawyers in Chandigarh – successfully argued that in order to attract the provisions of Section 498-A IPC, there must be specific allegations/overt act on the part of the accused and there must be prima facie material against the unmarried sisters to indicate that the dowry articles were actually entrusted to them and they misappropriate the same. The allegations, if at all, do not satisfy the definition of cruelty or misappropriation. Thus, no offense under Sections 406/498-A IPC was made out against the unmarried sisters.
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