Code of Criminal Procedure, 1973: s.482 - Quashing of proceedings - Wife of first appellant died in suspicious
circumstances - Father of the deceased filed complaint against
appellants - husband and in-laws u/s. 6 of the Dowry Prohibition
Act alleging that he had paid dowry amount and other articles to
the appellants on their demand and the same were not returned -
Cognizance of offence taken by magistrate - Petition for quashing
of proceedings - Held: Giving of dowry and the traditional presents
at or about the time of wedding does not in any way raise a
presumption that such a property was thereby entrusted and put
under the dominion of the parents-in-law of the bride or other close
relations so as to attract ingredients of s.6 of the Act - In the
instant case, after marriage, the deceased and first appellant resided
in Bangalore while appellants 2 to 6, the in-laws were residing
separately in Vizianagaram - Therefore, it cannot be said that the
dowry was given to them and that they were duty bound to return
the same to the deceased - In the absence of specific allegations
of entrustment of the dowry amount and articles to appellants 2 to
6, continuation of the criminal proceeding against appellants 2 to
6 was not just and proper and the same is quashed - Dowry
Prohibition Act, 1961 - s.6.