Saturday, November 24, 2018

Karnataka: Fake Dowry Case Quashed

A Single Judge Bench slammed a daughter-in-law for filing a false case of dowry against her mother-in-law and quashed the FIR registered against petitioner mother-in-law.

The petitioner was not even residing with her son and complainant daughter-in-law and so she could not have harassed the complainant. Complainant had merely stated that cash and gold was given at the time of her marriage – the same did not mean that it was given at petitioner’s behest. The Court also took note of the forum chosen by the complainant remarking that while the petitioner resided in a remote area of Andhra Pradesh, the case was filed against her in Davanagere Women Police Station. 

In view of the above and placing reliance on the dictum of Apex Court in Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667, the Court observed that proceedings against the petitioner was nothing but abuse of process of the court and continuance of the same would amount to failure of ends of justice. Therefore, the petition was allowed and proceedings against the petitioner were quashed.