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The Allahabad High Court last week refused to quash criminal proceedings in a case registered under the Dowry Prohibition Act. Instead, Court imposed cost of rupees one lac upon the applicants who had filed an application under section 482 CrPC before the court seeking relief. 

The bench of Justice Sanjay Kumar Singh noted, "I am of the considered view that the applicants have misused the process of law by filing application under Section 482 Cr.P.C. on false facts that the matter has been compromised. Honesty, fairness, purity of mind should be of the highest order to approach the court, failing which the litigant should be shown the exit door at the earliest point of time."

Court directed the applicants to deposit the imposed cost of Rs. 1,00,000 within 45 days with the Registrar General of the high court and ordered that upon failure to comply, the same shall be recovered from the applicants as arrears of land revenue.

Half of the cost amount will be released in favour of the opposite party (girl's mother) and the remaining half will be forwarded by the Registrar General to the account of Rajkiya Bal Greh Shishu, Prayagraj for the welfare of the children, Court directed.

The applicants Umesh Kumar Yadav and another had moved the court praying for quashing of the entire criminal proceeding of a case registered under Section 406 of the Indian Penal Code and Section 6 of Dowry Prohibition Act alleging that a compromise had been arrived at between the parties.

However, the counsel appearing for girl's mother had objected to the same stating that the application for quashing the proceedings had been filed on false facts as no compromise had taken place between the parties.

During an earlier hearing, Yadav's counsel had told the court that his clients were ready to return Rs. 2,00,000 to the girl's mother, however, on the next date of hearing, the counsel informed that Yadav and others were not responding to his calls. Court, taking note of Yadav's actions, has, therefore, dismissed the instant plea.

The case against Yadav was registered on basis of a complaint filed on August 28, 2017. It was alleged that the marriage of the complainant's daughter and Yadav was fixed to take place in May 2017 and a large amount of money was spent on pre-marriage ceremonies.

The girl's mother had alleged that when 13 days before the marriage date, she went to the house of the accused for fixing the date of Tilak ceremony, they demanded Rs. 500,000 in cash, a motorcycle and a gold chain and when she expressed her inability to fulfill these demands, the accused party abused and broke the promise of marriage. 

Case Title: Umesh Kumar Yadav and another v. State of UP and another