PREETI GUPTA AND ANOTHER VS. STATE OF JHARKHAND AND ANOTHER, reported in (2010) 7 Supreme Court Cases 667.

(Before Dalveer Bhandari and K.S.Radhakrishnan, JJ.) Criminal Appeal No.1512 of 2010, decided on August 13, 2010.

A. Penal Code, 1860 – S. 498-A – Prosecution under – Need for restraint – Duty of Bar and Bench – Social responsibility and obligation to maintain social fibre of family life – Genuine cases of dowry harassment matter of serious concern but exaggerated version of small incidents should not be reflected in the criminal complaints – Allegations to be scrutinized with great care and circumspection, especially against husband’s relatives who were living in different cities and never visited or rarely visited the matrimonial home of the complainant – Need for serious relook at entire provision by Parliament recommended.

(2002) 23 OCR – 403

Crl.Misc.Case No.5142 of 2002, Decided on 321st May, 2002.

In the matter of an application under Section 439 of the Code of Criminal Procedure, 1973.

A.S. Naidu,
J. Debendra Kumar Pattnayak .Vs. State of Orissa.

A. Dowry Prohibition Act, 1961 – Sec.3 – Penalty for giving or taking dowry – Informant has clearly admitted, out of total demand of Rs.40,000, her father had already paid Rs.30,000 towards dowry – Violation of the provisions of the Act – Direction given for proceeding under Section 3 of the Act be initiated against the persons who have violated the provisions of the Act.

Result – Crl.Misc.Case allowed.
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