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Supreme Court of India 2020-02-10 partly_allowed

ARUN SINGH vs STATE OF U.P

Bench: 2 — Navin Sinha, Krishna Murari

In Brief

The appellant challenged a High Court order dismissing his plea to quash the charge sheet filed against him for allegedly demanding Rs. 5 lakhs dowry and deceiving a woman into sexual relations by falsely promising marriage. The Supreme Court held that while offences under Section 493 IPC (cohabitation by deceit) and the Dowry Prohibition Act are non-compoundable, the High Court can quash proceedings under Section 482 CrPC if allegations fail to disclose any offence. Since the FIR allegations did not establish the deceptive inducement required for Section 493 IPC, that charge was quashed. However, the direct allegation of dowry demand clearly established an offence under the Dowry Prohibition Act, which could not be quashed as dowry offences are serious offences against society with public interest implications beyond settlement. The appeal was partly allowed.

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Criminal Procedure Dowry Prohibition Sexual Assault Offences Against Women Inherent Jurisdiction Section 482 CrPC Indian Penal Code Section 493 Settlement and Compromise Non-Compoundable Offences

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