Smt. Kanchan Gupta vs State of U.P. and Others

Kamal Kishore, J.—This is a petition u/s 482, Cr. P.C. for quashing the judgment and order dated 24.11.1999, passed by the then learned XV Ith Additional Chief Judicial Magistrate, Sultanpur, as well as the order dated 20.1.2001, passed by the then learned XV Ith Additional Sessions Judge, Sultanpur.

I have heard arguments and have gone through the record.

The Petitioner is alleged to have meted cruelty during the year 1977-78. The alleged dowry demand also pertains to the years before 1983. It is noteworthy that the amended Section 498A was added during the year 1983 while amended Section 304B was added and came into force with effect from 19.11.1986. According to Article 20(1) of the Constitution of India "no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence." Since the amended Sections 498A and 304B, I.P.C. were not enforced at the time of the commission of the act charged as an offence, the court below has thus rightly held that the accused opposite parties cannot be saddled on both these counts.

I have gone through the impugned order and find no illegality or jurisdictional error, hence, the same does not call for any interference by this Court.

The petition u/s 482, Cr. P.C. is devoid of merit and is hereby dismissed.