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Appellant herein was the mother of the deceased whose dowry articles were to be returned as per Section 6(3) of the Dowry Prohibition Act. It was submitted before the Top Court that notwithstanding the acquittal of the accused in criminal case, application under Section 6(3) of the Act would have to be adjudicated on its own merit.
The Supreme Court recently held that the acquittal of an accused in criminal trial would not warrant rejection of the application for return of dowry articles.
A bench of Justices Manoj Misra and Rajesh Bindal said if dowry articles are given without a demand, regardless whether an offence under the Dowry Prohibition Act is committed, they still may have to be returned in view of the provisions of the Act considering that in absence of any children of the deceased, the mother would be the natural heir and thus entitled to such articles.
“... we refrain from expressing any opinion whether the complaint/application under Section 6(3) of the Act was barred by limitation. As regards, the other reason for dismissal of the complaint i.e., the accused were acquitted in the criminal trial, we are of the view that acquittal of the accused in criminal trial would not warrant rejection of the application for return of the dowry articles", the bench observed.
Court was hearing an appeal against Allahabad High Court order dated 16.04.2024, whereby the revision filed by appellant for setting aside the order of the Additional CJM, in complaint no. 2336 of 2022, was dismissed.
Respondent submitted that the accused was acquitted in the criminal trial and the charge of demand of dowry was not proved against him, therefore, the application seeking for return of dowry articles prima facie was not maintainable. It was further added that the application filed before the Court of Additional Chief Judicial Magistrate was barred by limitation.
Case Title: Nirmala Chauhan v. State of Uttar Pradesh
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