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Judgment
Leave granted.
Heard learned Counsel for the parties.
By the impugned order the High Court has quashed the criminal proceedings initiated against the Respondent under Sections 498A, 406 read with Section 34 of the Indian Penal Code. We have perused the contents of the complaint filed before the Magistrate. Paragraph 14 of the said complaint reads thus:
That on several occasions both the accused persons assaulted the complainant mercilessly as she did not ask her father for making payments of Rs. 50,000/- as demanded by the accused No. 1 and all the accused persons after assaulting her forcefully took her to uncle's house on 4.6.1995 saying that if she did not bring the money she would have no place in their house. On the said date the accused No. 1 also stated that he would not accept the complainant as his wife anymore. That on 4.6.1995 the complainant was forced to come back in her uncle's house with accused No. 1 and 2 and since then in spite of several request the accused Nos. 1 has never come to take the complainant in their house.
In our considered opinion, these are clear allegations of cruelty meted out to the Appellant-wife on demand of dowry. The High Court is, therefore, clearly in error in coming to the conclusion that prima facie no case for offence u/s 498A is made out against the Respondent.
We allow this appeal and quash the impugned order of the High Court. All defences available to the Respondent-accused will be open to him to be urged before the Magistrate.