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Synopsis

The Allahabad High Court recently observed that though "the law contemplates demand of dowry as punishable, however, the taunting for giving less gifts by itself is not a penal offence".

The bench of Justice Vikram D. Chauhan made this observation while quashing criminal proceedings under Sections 498A, 323, and 506 of the IPC, along with Section 3/4 of the Dowry Prohibition Act, 1961, against a husband's relatives.

Despite the husband's plea to dismiss the case against him being previously denied, the court ruled in favor of the wife's married sister-in-law, brother-in-law, and unmarried sister-in-law.

The FIR in the case was filed on December 4, 2017, by the wife. Allegations were made that since her marriage on May 7, 2017, the wife had been subjected to harassment by her husband and his relatives for additional dowry, despite a dowry already being given. She further claimed instances of assault, although no injury report was filed concerning these allegations.

The counsel for the accused relatives argued that general and vague allegations had been made by the wife against the married sister-in-law, brother-in-law, and unmarried sister-in-law and no specific role had been assigned to them. 

The high court said that vague and ambiguous allegation can violate the right of the accused to due process of law and fair trial.

"It is fundamental principal of law that accused is subjected to fair trial. Vague allegation has significant effect on defence by creating uncertainty. Without specific details and evidence, the defence of accused may be prejudiced or accused may not be able to effectively defend himself," it added. 

It emphasised that the mere suggestion of wrongdoing, without substantiation, can lead to stigma and prejudice against the accused, making it harder for them to receive a fair trial.

Court asserted that the allegations should also describe the manner in which the offence is committed.

Furthermore, court said, "The Criminal procedure code not only provide the procedure to proceed against any person under criminal law. It also provides various checks to ensure that the criminal law is applied fairly on any accused person. The aforesaid aspect of fairness in criminal trial is essential in view of Article 21 of the Constitution".

Regarding the case at hand, court pointed out that there was an allegation about payment of rupees 4 lakhs to the husband at the time of marriage for purchasing a plot but the FIR or the statement of the witness did not allege that the accused sisters-in-law or brother-in-law of the wife demanded this amount from her or her family members.

Court noted that it was the prosecution's case that after the marriage, accused persons taunted the wife for bringing less dowry. However, it pointed out that "the demand alleged to have been made by the accused person was wholly vague in nature".

The date, time and manner in which the demand was made is not been stated in the prosecution case. General and vague allegations with regard to demand of dowry by the applicant nos. 3, 4 and 5 after marriage has been made. It has not been stated that what role has been played by each accused person in respect of the alleged offence, court highlighted.

Moreover, it found that the government had not been able to show any material to substantiate that specific allegations existed against the accused relatives. 

Case Title: Shabban Khan And 4 Others v. State of U.P. and Another