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Supreme Court Of India

(From : Hyderabad)

Hon'ble Judge(s): T. S. Thakur, A. K. Sikri, R. Banumathi , JJJ

(A) Dowry Prohibition Act (28 of 1961) , S.6— Dowry amount and articles - Non-returning of - Complaint - No specific allegation that dowry amount and articles were entrusted to parents and sisters of husband - Thus continuation of criminal proceedings against them under S. 6 - Not proper - Complaint against them quashed. Criminal P.C. (2 of 1974) , S.482— In the instant case after the marriage the deceased bride and accused, husband were living at place 'B' at their matrimonial house. In respect of 'stridhana articles' given to the bride, one has to take into consideration the common practice that these articles are sent along with the bride to her matrimonial house. It is a matter of common knowledge that these articles are kept by the woman in connection with whose marriage it was given and used by her in her matrimonial house when the appellants, parents and sisters of the husband have been residing separately at 'V', @page-SC443 it cannot be said that the dowry was given to them and that they were duty bound to return the same to bride. Facts and circumstances of the case and also the uncontroverted alleg ations made in the complaint for not returning dowry amount and articles do not constitute an offence under of the Dowry Prohibition Act against appellants and there is no sufficient ground for proceeding ag....