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BOBBILI RAMAKRISHNA RAJU YADAV & ORS vs. STATE OF ANDHRA PRADESH REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF A.P. HYDERABAD, A.P. & ANR.

SCR Citation: [2016] 1 S.C.R. 103
Year/Volume: 2016/ Volume 1
Date of Judgment: 19 January 2016
Petitioner: BOBBILI RAMAKRISHNA RAJU YADAV & ORS
Disposal Nature: Appeal Partly Allowed
Neutral Citation: 2016 INSC 60
Judgment Delivered by: Hon'ble Ms. Justice R. Banumathi
Respondent: STATE OF ANDHRA PRADESH REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF A.P. HYDERABAD, A.P. & ANR.
Case Type: CRIMINAL APPEAL /45/2016
Order/Judgment: Judgment
1. Headnote

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. 

2. Case referred
3. Act
  • Dowry Prohibition Act, 1961 (28 of 1961)
  • Code Of Criminal Procedure, 1973 (2 of 1974)
4. Keyword
  • Section 482 CrPC
  • Quashing of proceedings
  • Dowry Prohibition Act
5. Equivalent citation
    Citation(s) 2016 AIR 442 = 2016 (3) SCC 309 = 2016 (3) Suppl. SCC 309 = 2016 (1) JT 298 = 2016 (1) Suppl. JT 298 = 2016 (1) SCALE 350