- Stridhan is classified into 2 types:
1. Gifts received from parents and in -laws out of love and affection.
2. All other gifts from strangers(Here husband has power to use this stridhan equally). On her death it passes to her heirs
1.Harmeet Singh Versus State and others
Hon’ble Justice(s) : S.D.Bajaj
P & H High Court
Subject(s) : Territorial jurisdiction, Quashing of FIR
Indian Penal Code
Section(s) : 406, 498-A, 494, 506 Year(s) : 1991
Citation(s) : 1991(1) C.C.Cases 229 (HC)
Misappropriation of Istridhan / cruelty / bigamy – FIR under –
Quashing of, on plea that offence u/s 494 IPC being not made out from
any evidence and allegations on other counts are without any basis –
Territorial jurisdiction of the Court – Held – U/s 181(4) Cr.P.C., Court
of place where marriage was solemnized can entertain complaint and
adjudicate on the matter – Trial Court to decide as to whether
allegations made in complaint are baseless or not – High Court not to
usurp the jurisdiction of Trial Court in quashing proceedings – Petition
dismissed.
2.Gurmukh Singh and others Versus Davinder Kaur
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Readiness to return dowry articles – Inference
Indian Penal Code
Section(s) : 406 Year(s) : 1992
Citation(s) : 1992(2) RCR (Criminal) 213
Criminal breach or trust – Misappropriation of dowry articles –
Complaint under – Accused ready to return whatever dowry articles were
given to him – It implies that accused received dowry articles –
Correctness of the allegation as to how much dowry was given is a matter
of evidence required to be examined by the Court below – Held –
Proceedings not liable to be quashed in the interest of justice.
3.Gurdip Singh Versus Daljit Kaur
Hon’ble Justice(s) : A.P.Chowdhri
P & H High Court
Subject(s) : Complaint against relatives of husband
Indian Penal Code
Section(s) : 406, 420, 498-A Year(s) : 1991
Citation(s) : 1991(2) C.C.Cases 290 (HC)
Dowry case – Complaint against husband and his parents – Summoning
order – Petition u/s 482 Cr.P.C. for quashment of summoning order –
Preliminary evidence of complaint and witnesses before issuing summoning
order to husband and his parents recorded – Held – No ground to quash
summoning order – Petition dismissed.
4.Gurmej Kaur Versus Balbir Kaur
Hon’ble Justice(s) : Harbans Singh Rai
P & H High Court
Subject(s) : Quashing of summoning order, Omission in complaint
Indian Penal Code
Section(s) : 406 Year(s) : 1988
Citation(s) : 1988 C.C.Cases 579 (HC)
Criminal breach of trust – Petitioner sought quashing of summoning
order issued against him on the basis of complaint filed by the
respondent wife – Complaint not mentioning whether the dowry articles
were specifically entrusted to petitioner – Held – It could not be
proved that petitioner was present at time of giving dowry and
performance of marriage – Proceedings be quashed – Petition allowed.
5.Giani Harjit Singh Versus Paramjit Kaur
Hon’ble Justice(s) : N.K.Kapoor
P & H High Court
Subject(s) : Complaint against relatives of husband, Stay of criminal proceedings, Power of High Court u/s 482 Cr.P.C. – Scope
Indian Penal Code
Section(s) : 406 Year(s) : 1995
Citation(s) : III(1995) CCR 546, 1995(1) RCR (Criminal) 580
Dowry articles – Misappropriation of – Wife filed complaint –
Husband, mother-in-law, father-in-law, husband’’s brother and his wife
implicated – Summon order – Validity of – Husband filed petition u/s 13
Hindu Marriage Act which was pending in Civil Court – Complaint by wife
challenged as counter-blast to divorce petition – All accused had joint
residence & mess – Complaint had specific allegations as to which
articles were entrusted to each accused – Various articles of dowry were
entrusted to each of them as per list attached with complaint – Held –
Case u/s 406 IPC prima facie made out – No illegality in issuing
summoning order – Entrustment of Istridhan and other articles to
accused, not subject matter of adjudication before Civil Court – No
ground to stay or quash criminal proceedings u/s 482 Cr.P.C. – High
Court u/s 482 Cr.P.C does not have jurisdiction to examine correctness
or otherwise of allegations – Petition dismissed.
6.Harpal Singh Versus Mukhtiar Singh
Hon’ble Justice(s) : J.S.Sekhon
P & H High Court
Subject(s) : Nullity of marriage, Complaint by father of wife –
Maintainability, Bar on power of Court to take cognizance of matrimonial
offence
Indian Penal Code
Section(s) : 406, 420, 506 Year(s) : 1989
Citation(s) : 1989(2) RCR (Criminal) 188
Misappropriation of Istridhan – Complaint – Husband pleaded nullity
of his marriage on ground of earlier marriage of his wife and said
previous husband was still alive, and therefore question of Istridhan
cannot arise – Held – Plea cannot be accepted if necessary ingredients
for the offence u/s 406 IPC are fulfilled – Further held that u/s 198
Cr.P.C., it is not always required that aggrieved spouse should file
complaint and complaint filed by the father of bride is maintainable –
Sec. 198 Cr.P.C. put a bar on power of Court to take cognizance of
matrimonial offences which figure in Chapter XX of IPC, unless aggrieved
spouse files complaint for the same.
7.Harminder Singh and others Versus State
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Quashing of FIR, Entrustment, Arrangement in divorce proceedings – Inference
Indian Penal Code
Section(s) : 406, 498-A, 120-B Year(s) : 1992
Citation(s) : I(1992) CCR 878
FIR for offences under – Petition u/s 482 Cr.P.C. for quashing the
same – Divorce petition pending, during which, parties reached to an
arrangement, in pursuance to which, dowry articles were entrusted to one
”X” – No mention in complaint as to whom dowry articles were returned
after divorce petition was dismissed – Held – In absence of allegation
that ”X” entrusted dowry articles to husband, no charge of criminal
breach of trust can be levelled against husband – Proceedings quashed,
except for charge u/s 498-A IPC.
8.Bhagwan Singh and others Versus State and others
P & H High Court
Subject(s) : Acts of cruelty, Complaint against relatives of husband
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1992
Citation(s) : 1992(1) RCR (Criminal) 64
Cruelty – Criminal breach of trust – Misappropriation of dowry
articles – Complaint against husband, and his relatives – Complaint
alleging specific allegations of entrustment – Prima facie case u/s 406
established – Accused contending that they lived separately – Held –
Trial Court to go into the truth of allegations made in the complaint –
Bride alleging that the act of extreme cruelty made her to think of
suicide – Cruelty established.
9.Binoy Kumar Mukherjee and others Versus State and others
Patna High Court
Subject(s) : Quashing of proceedings
Indian Penal Code
Section(s) : 498-A, 307, 323, 386, 406 Year(s) : 2000
Citation(s) : 2000(1) Crimes 477
Cruelty – Attempt to murder – Criminal breach of trust – Voluntary
hurt – Extortion – Petition for quashing proceedings –
Husband/petitioner filing a divorce suit – Wife filing criminal case –
Prior to this, petitioner was sending Rs. 1, 000/-p.m., and had
increased it to Rs. 1, 800/-p.m.for son’’s maintenance and education –
Apart from this, wife also received Rs. 3 lakhs in compromise in the
Matrimonial Court – Held – FIR not mentioning strong enough charges to
make a prima facie case – If proceedings continue, it shall amount to
the abuse of process of Court – Petition allowed.
10.Gurdev Singh Versus Nachhattar Kaur @ Mandip Kaur
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Customary gifts at the time of marriage, Quashing of complaint
Indian Penal Code
Section(s) : 406 Year(s) : 1993
Citation(s) : 1993(3) Crimes 179, 1993(3) RCR (Criminal) 328
Misappropriation of dowry articles – Parents of bride gave customary
gifts to the in-laws of bride at the time of marriage – No question of
entrustment of any article given to the accused at the time of marriage
within the said provision of IPC – Whether the criminal breach of trust
arise? [No] – Held – No offence u/s 406 IPC made out – Complaint
quashed.
11.Harjinder Kaur Versus Nachhattar Singh and others
Hon’ble Justice(s) : A.S.Nehra
P & H High Court
Subject(s) : Omission in complaint, Ingredient of offence, Quashing of proceedings
Indian Penal Code
Section(s) : 405, 406 Year(s) : 1993
Citation(s) : 1993(3) RCR (Criminal) 692
Sec. 4, 6 & 7 of Dowry Prohibition Act – Misappropriation of
dowry articles – Wife made complaint that accused did not return back
her dowry articles even when she demanded for the same – However,
dishonest misappropriation of said dowry articles by the accused was not
alleged in complaint – Held – No offence u/s 405 PC made out –
Requisite ingredient for offence u/s 405 IPC is dishonest intention –
Misappropriation simplicitor is not sufficient to invoke the provisions
of section 405 IPC – Proceedings quashed – Petition allowed.
12.Gurdeep Singh and others Versus Ginni
Hon’ble Justice(s) : J.S.Sekhon
P & H High Court
Subject(s) : Quashing of proceedings, Compounding of non compoundable offence, Quashing of FIR
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1991
Citation(s) : 1991(3) RCR (Criminal) 349, 1988-91 C.C.Cases 186 (Supp.)
Offence complained of being non-compoundable in nature – Petitioner
sought quashing of FIR and proceedings against him u/s 482 Cr.P.C. as
matter stands compromised between parties – Held – Proceedings initiated
against the accused would not achieve desired result as complainant
could not support allegations contained therein, in view of compromise
settled between them – In these circumstances pendency and investigation
of the case would amount to a futile exercise and unnecessary
harassment to the accused – FIR and proceedings against the accused
quashed.
13.Himmat Ram and others Versus State and others
Hon’ble Justice(s) : V.B.Bansal
Delhi High Court
Subject(s) : Compromise, Quashing of proceedings
Indian Penal Code
Section(s) : 482, 498-A, 406 Year(s) : 1992
Citation(s) : 1992(1) C.C.Cases 265 (HC), 1992 JCC 59
Inherent power – Exercise of, on account of mutual compromise – Both
parties have settled their all disputes – Dissolution of marriage by
divorce by mutual consent under HMA and the wife had been paid Rs.
45,000/- as lump sum and nothing else remains – Held – Proceedings u/s
498-A & 406 IPC pending against petitioner stands quashed in the
interest of justice – Petition allowed.
14.Gurbax Singh and others Versus State and others
P & H High Court
Subject(s) : Non return of dowry articles to parents of deceased bride, Civil dispute, Quashing of complaint
Indian Penal Code
Section(s) : 406 Year(s) : 1991
Citation(s) : 1991(2) RCR (Criminal) 338, 1988-91 C.C.Cases 455 (Supp.)
Return of dowry articles – Girl alleged to have been poisoned to
death by in-laws – Criminal case against in-laws for breach of trust for
non return of dowry articles to the parents of girl – Whether
maintainable? [No] – Held – It is for the Civil Court to decide as to
who were the legal heirs of deceased to inherit her property – Criminal
proceedings set aside.
15.Gurmukh and others Versus Bhupinder Kaur
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Quashing of proceedings, Vague allegations, Complaint against relatives of husband
Indian Penal Code
Section(s) : 323, 363, 406, 420, 506, 498-A Year(s) : 1991
Citation(s) : 1991(3) Crimes 380
Complaint – Summoning order – Petition by accused praying for
quashing of complaint and consequent proceedings – Complaint contained
no specific allegations of entrustment of dowry articles to any
petitioners, other than main petitioner (husband) – Due to strained
relations, complainant tried to drag close relatives of her husband –
Held – Complaint and summoning order liable to be quashed.
16.Harpal Singh Versus Gurnam Singh
Hon’ble Justice(s) : S.S.Sudhalkar
P & H High Court
Subject(s) : Dowry demand after marriage, Delay in filing complaint
Indian Penal Code
Section(s) : 406, 405 Year(s) : 1997
Citation(s) : 1997(3) RCR (Criminal) 534
Wife made demand of dowry articles, which was not met – Demand was
made after 19 years of marriage – Complaint – Magistrate issued
summoning order against accused – Plea taken by accused that it is
unbelievable that articles must be lying with accused for 19 years –
Accused seeking quashing of proceedings on account of delay – Held –
Contention rejected – There can not be a general principle as to after
how much time the complaint can not lie and delay in every case is to be
looked from fact of each case – Petition dismissed.
17.Hira Lal and others Versus State
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Complaint against relatives of husband, Denial by wife to take her Istridhan
Indian Penal Code
Section(s) : 406 Year(s) : 1993
Citation(s) : 1993(2) RCR (Criminal) 85
Misappropriation of dowry articles – Wife filed complaint – Husband
and all his relatives implicated in complaint – Held – Only husband is
liable for rendering account to wife with respect to the dowry articles –
Accused-husband would not be absolved of giving articles to his wife,
on her demand, solely on ground that at one point of time, wife did not
agree to take her Istridhan articles back – Proceedings qua relatives of
husband, set aside.
18.Gyanchand and others Versus Thawardas
Hon’ble Justice(s) : M.S.Ratnaparkhi
Bombay High Court
Subject(s) : Criminal breach of trust by daughter-in-law, Absolute ownership of ornaments
Indian Penal Code
Section(s) : 406, 34 Year(s) : 1990
Citation(s) : 1990(1) Crimes 153
Offence under – Complaint against daughter-in-law and her brother and
father regarding criminal breach of trust – Process issued by the Trial
Court against accused – Allegations against the daughter-in-law that
she left the matrimonial house along with ornaments the part of which
was given to them by their father-in-law at the time of marriage and a
part thereafter – Held – Accused persons could not be treated as
trustees as they would be absolute owners as per law – Process issued
against the accused quashed.
19.Gurmeet Singh and others Versus State and others
Hon’ble Justice(s) : H.K.Sandhu
P & H High Court
Subject(s) : Quashing of complaint, Complaint against relatives of husband
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1993
Citation(s) : 1993(1) RCR (Criminal) 354 , 1993(2) RCR (Criminal) 89
Criminal complaint by wife alleging misappropriation of dowry
articles – Specific allegations in complainant regarding entrustment of
different dowry articles to close relatives of husband – Complaint also
included allegations that some dowry articles were entrusted to wife of
husband’’s brother who were living separately – Allegations on face of
it seems to be false – Held – Complaint against the petitioners quashed.
20.Hukami Devi and others Versus State and others
Hon’ble Justice(s) : S.S.Rathor
P & H High Court
Subject(s) : Vague allegations, Delay in FIR, Limitation, Taking ornaments of bride by deception – Not cruelty, Quashing of FIR
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1992
Citation(s) : 1992(1) RCR (Criminal) 357 , 1992(1) RCR (Criminal) 357
Cruelty – Misappropriation of dowry articles – FIR – List of dowry
articles which were alleged to be misappropriated given with FIR – No
specific allegation as to which of the accused was entrusted with what
articles – Not mentioned in FIR as to what harm was caused to bride when
chillies were allegedly put in her eyes and who commited such act –
Also, no mention of time, date of torturous action made in complaint –
Allegations were found vague to make out an offence either u/s 498-A IPC
or u/s 406 IPC – Also, FIR for offence u/s 498-A IPC filed after 3
years of illegal demand of property from bride, is barred u/s 468(2)
Cr.P.C. – Held – Allegation that accused persons used deception to take
away ornaments from complainant-bride would not amount to cruelty within
ambit of Sec. 498-A IPC – FIR quashed – Petition allowed.
21.Dwarka Nath Kundra and others Versus Moti Lal Bhatia and others
Hon’ble Justice(s) : V.B.Bansal
Delhi High Court
Subject(s) : Quashing of proceedings, Compromise
Indian Penal Code
Section(s) : 406, 34 Year(s) : 1988
Citation(s) : 1988-91 C.C.Cases 25 (Supp.), 1991 JCC 445
Criminal proceedings by wife against husband – Sec.482 Cr.P.C. –
Quashing of proceedings – Marriage between the parties dissolved by a
divorce decree under Hindu Marriage Act – Custody of minor child allowed
with the mother – Respondents unwilling to carry on with the complaint –
Dispute already settled between parties – No need of proceedings to
continue – Would be an abuse of the process of the Court – Held –
Proceedings quashed – Petition allowed.
22.Dr. Yog Dhayan Banga and others Versus State and others
Hon’ble Justice(s) : S.D.Bajaj
P & H High Court
Subject(s) : Compromise in divorce petition, Compromise
Indian Penal Code
Section(s) : 406, 498-A, 506 Year(s) : 1989
Citation(s) : 1989(2) RCR (Criminal) 190
FIR by wife for offences under – Husband and in-laws implicated –
Also, wife filed a divorce petition u/s 13 of Hindu Marriage Act – In
proceedings for divorce, compromise between parties – Whether compromise
can be a ground to quash criminal proceedings, particularly when
nowhere in the compromise it was mentioned that the wife nullified the
act of cruelty committed by the accused persons? [No] – Held – Petition
dismissed.
23.Diwan Chand and others Versus Raj Rani
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Vague allegations, Complaint against relatives of husband
Indian Penal Code
Section(s) : 406 Year(s) : 1992
Citation(s) : 1992(1) C.C.Cases 519 (HC)
Misappropriation – Of dowry articles – Complaint made after 8 years
of marriage – It is possible that husband has taken charge of such
articles – General allegations regarding entrustment made in respect to
husband and parents-in-law, and not specific entrustments – Allegations
against parents-in-law not proved – Held – Complaint and summons order
against the parents-in-law quashed.
24.Hakam Singh and others Versus State and others
P & H High Court
Subject(s) : Dowry and Istridhan – Distinction, Entrustment of dowry articles to minors, Continuing offence, Limitation
Indian Penal Code
Section(s) : 406 Year(s) : 1989
Citation(s) : 1989 C.C.Cases 484 (HC)
Dowry & Istridhan – Distinction – Dowry implies the presents
given to bridal couple and others in connection with the marriage
whereas Istridhan is only confined to property given to or meant for the
bride – Normally the elder people of the family and not the minors or
persons who do not have any connection with the family, are entrusted
with the items of dowry and istridhan – Held – Thus, as the complaint in
case in hand does not particularly specify entrustment of dowry
articles to the petitioners, complaint and consequent proceedings
against the minors quashed – Whether offence u/s 406 IPC is continuing
one? – Application of Sec. 468 Cr.P.C. to said offence – Discussed –
Continuing offence – What? – Explained.
Hon’ble Justice(s) : A.P.Chowdhri
Hon’ble Justice(s) : G.S.Chahal
Hon’ble Justice(s) : M.Y.Eqbal
Hon’ble Justice(s) : H.K.Sandhu
