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2007 (12) TMI 497 - SC - Indian LawsDemand of Dowry - Incidents of cruelty and harassment - Application for quashing the proceedings of CC u/s 482 CrPC - Cognizance of Offence u/s 498 A and 406 IPC r/w Sections 4 and 6 of the Dowry Act after expiry of three years - marriage dissolved by the Superior Court at New Jersey - HELD THAT:- The High Court should not go into the merits and demerits of the allegations simply because the petitioner alleges malus animus against the author of the FIR or the complainant. The High Court must also refrain from making imaginary journey in the realm of possible harassment which may be caused to the petitioner on account of investigation of the FIR or complaint. Such a course will result in miscarriage of justice and would encourage those accused of committing crimes to repeat the same. However, if the High Court is satisfied that the complaint does not disclose commission of any offence or prosecution is barred by limitation or that the proceedings of criminal case would result in failure of justice, then it may exercise inherent power under Section 482 Cr.P.C. Although, the learned Single Judge of High Court dealt with various points raised by the appellants and negatived the same by recording the detailed order, his attention does not appear to have been drawn to the order dated 24.10.2006 passed by the co-ordinate bench in Criminal Petition whereby the proceedings of CC were quashed qua the parents of the appellants on the ground that the learned Magistrate could not have taken cognizance after three years. Respondent No.2 is not shown to have challenged the order passed in Criminal Petition. Therefore, that order will be deemed to have become final. We are sure that if attention of the learned Single Judge, who decided Criminal Petition had been drawn to the order passed by another learned Single Judge in Criminal Petition, he may have, by taking note of the fact that the learned Magistrate did not pass an order for condonation of delay or extension of the period of limitation in terms of Section 473 Cr.P.C., quashed the proceedings of CC. We are further of the view that in the peculiar facts of this case, continuation of proceedings of CC will amount to abuse of the process of the Court. It is not in dispute that after marriage, Shireesha Bhavani lived with appellant No.1 for less than one and a half months (eight days at Hyderabad and about thirty days at New Jersey). It is also not in dispute that their marriage was dissolved by the Superior Court at New Jersey vide decree dated 15.12.1999. Shireesha Bhavani is not shown to have challenged the decree of divorce. As a mater of fact, she married Sri Venkat Puskar in 2000 and has two children from the second marriage. She also received all the articles of dowry (including jewellery) by filing affidavit dated 28.12.1999 in the Superior Court at New Jersey. As on today a period of almost nine years has elapsed of the marriage of appellant No.1 and Shireesha Bhavani and seven years from her second marriage. Therefore, at this belated stage, there does not appear to be any justification for continuation of the proceedings in CC. Rather, it would amount to sheer harassment to the appellant and Shireesha Bhavani who are settled in USA, if they are required to come to India for giving evidence in relation to an offence allegedly committed in 1998-99. It is also extremely doubtful whether the Government of India will, after lapse of such a long time, give sanction in terms of Section 188 Cr.P.C. Therefore, the appeal is allowed, the order of the learned Single Judge of the High Court is set aside and the proceedings of CC, pending in the Court of Metropolitan Magistrate, are quashed.
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