The High Court of Punjab and Haryana, while quashing proceedings in a case registered under Section 4 of the Dowry Prohibition Act, 1961, observed that no prosecution can be instituted against any person in respect of any offence committed under the Act without the previous sanction of the District Magistrate.
Brief Facts:
The present petition was filed under Section 482 CrPC for quashing of FIR lodged in 2023 under Section 4 of the Dowry Prohibition Act, 1961. A complaint was filed by a man alleging that he had fixed the marriage of his daughter with the accused petitioner in 2022. The accused allegedly forced him to book the California Palace at Dirba. The marriage cards had been printed, and all the planning had taken place, including the distribution of cards. However, the accused persons got greedy and demanded Rs.25 lacs as dowry as a condition precedent for the marriage.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner contended that in terms of Section 8-A of the Dowry Prohibition Act, 1961, as applicable to the State of Punjab, the prosecution itself could not be instituted against any person under the Act without the previous sanction of the District Magistrate, etc. and initiation of prosecution meant that the FIR could not be registered and therefore, there was no question of consequential investigation.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state contended that as the offence was established from the allegations levelled in the FIR, the present petition was liable to be dismissed.
Observations of the Court:
The court referred to the decision in the case of State, CBI versus Sashi Balasubramanian & Anr., wherein it was held that the term ‘prosecution’ would include institution or commencement of a criminal proceeding and would also include an inquiry and an investigation and observed that the proceedings are liable to be quashed if there is no prior sanction under Section 8-A of the Dowry Prohibition Act, 1961 as applicable to the State of Punjab obtained from the District Magistrate.
Further, the court referred to Section 8-A of the Dowry Prohibition Act, 1961, as applicable to the State of Punjab, along with the various judgments of the Hon’ble Supreme Court and stated that no prosecution could be instituted against any person in respect of any offence committed under the Act without the previous sanction of the District Magistrate. Further, the court stated that in the present case, the FIR has been registered without any prior sanction of the concerned officer; it is apparent that there is an express legal bar engrafted in provisions of the Act to the institution and continuation of proceedings.
The decision of the Court:
The court allowed the petition and quashed the proceedings.
Case Title: Kamaljeet Singh and Ors. vs. State of Punjab and Anr.
Coram: Hon’ble Mr Justice Jasjit Singh Bedi
Case No.: CRM-M-40527-2023 (O&M)
Advocate for the Petitioner: Mr Kanwal Goyal
Advocate for the Respondent: Mr. Prabhdeep Singh Dhaliwal and Mr. Aarav Gupta
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