Case Note & Summary
The applicants, including the mother-in-law, father-in-law, brother-in-law, and two family friends/mediators, filed a criminal application under Section 482 of the Criminal Procedure Code seeking quashing of FIR No.391/2020 registered at Vazirabad Police Station, Nanded, for offences under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code, as well as the charge-sheet and consequential proceedings in RCC No.230/2021 pending before the Chief Judicial Magistrate at Nanded. The FIR was lodged by the father of the deceased, Shraddha, who married Swapnil Prakash Kosalge on 07.05.2019. After a short stay in the matrimonial home, the couple departed to the USA on 17.05.2019. Shraddha's mother and brother visited her in the USA from 11.09.2019 to 25.10.2019. Shraddha died on 04.11.2019, and her body was brought to India on 08.11.2019. The FIR was filed on 14.08.2020, alleging that Shraddha was subjected to cruelty and harassment for dowry demands, including Rs.5,00,000 for a medical shop, Rs.20,00,000 for office purchase, and travel expenses. It was also alleged that Shraddha was administered pills by her brother-in-law (applicant no.5) and that her husband had an extra-marital affair. The applicants contended that Shraddha died a natural death due to ruptured aortic dissection, as per the postmortem report from Cook County, Illinois, which certified the manner of death as natural. They argued that the FIR was lodged after a nine-month delay due to a dispute over succession certificate. The court examined the essential ingredients of Section 304-B IPC, which requires death otherwise than under normal circumstances, demand of dowry, and cruelty or harassment soon before death. The court found that the postmortem report clearly showed natural death, there was no evidence of dowry demand or agreement, and no material to show cruelty soon before death. Consequently, the court held that no prima facie case under Section 304-B IPC was made out, and the FIR and charge-sheet were liable to be quashed. The court allowed the application and quashed the FIR, charge-sheet, and all consequential proceedings against the applicants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR and charge-sheet can be quashed if no prima facie case is made out and continuation of proceedings would be an abuse of process of law. (Paras 1, 13) B) Dowry Death - Essential Ingredients - Section 304-B IPC - Death must be caused by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage; there must be demand of dowry and cruelty or harassment soon before death. (Paras 10-12) C) Dowry Death - Natural Death - Section 304-B IPC - Death due to ruptured aortic dissection certified as natural by postmortem report does not constitute death otherwise than under normal circumstances; essential ingredient of Section 304-B IPC is not satisfied. (Paras 8-10, 12) D) Dowry Death - Demand of Dowry - Section 304-B IPC - FIR and charge-sheet must show that dowry was agreed to be given in connection with marriage; mere allegations of demand without agreement do not attract Section 304-B IPC. (Paras 10-11) E) Dowry Death - Cruelty Soon Before Death - Section 304-B IPC - There must be evidence that deceased was subjected to cruelty or harassment in connection with dowry demand soon before death; in present case, no such evidence exists. (Paras 10, 12)
Issue of Consideration
Whether the FIR and charge-sheet disclose essential ingredients of offence under Section 304-B IPC to warrant prosecution of applicants?
Final Decision
The court allowed the application and quashed FIR No.391/2020, charge-sheet no.50/2021, and all consequential proceedings in RCC No.230/2021 against the applicants.
Law Points
- Section 304-B IPC requires death otherwise than under normal circumstances
- dowry demand
- and cruelty soon before death
- natural death due to congenital disorder does not constitute dowry death
- FIR liable to be quashed under Section 482 CrPC if no prima facie case made out.
