The Division Bench of Justice B.R. Gavai and Justice Vikram Nath of the Apex Court in the case of P. Sivakumar & Ors Vs State REP. By the deputy superintendent of Police Etc. held that if the marriage between the parties is found to be null and void, then as such the conviction under Section 498-A IPC would not be sustainable.
Brief Facts:
Appellant no. 1 and PW-1 got married however, after some time of marriage disputes between both parties arose. Thereafter, PW-1- (Wife) filed a complaint before the Deputy Superintendent of Police and a charge sheet was filed for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 against the four Accused. The Trial Court acquitted all the Accused of all the charges. Thereafter, the State preferred an appeal before the High Court and the High Court convicted all the Accused for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. Hence, the present appeals.
Contentions of the Appellant:
It was submitted that the marriage between the parties was null and void. Therefore, the parties cannot be convicted under Section 498-A IPC.
Contentions of the State:
It was contended that even if the conviction under Section 498-A was not sustainable, the conviction under Sections 3 and 4 of the Dowry Prohibition Act would still remain.
Observations of the Court:
It was observed that the marriage between the parties was determined to be void and null. As a result, the conviction under Section 498-A IPC would not be upheld in light of the ruling this Court rendered in the matter of Shivcharan Lal Verma v. State of Madhya Pradesh (2007 15 SCC 369).
It was noted that the charges under Sections 3 and 4 of the Dowry Prohibition Act were dropped by the Trial Court as the prosecution failed to prove guilt beyond a reasonable doubt.
The decision of the Court:
Based on the above-mentioned reasons, the appeals were allowed and the decision of the Trial Court was restored.
Case Title: P. Sivakumar & Ors Vs State REP. By the deputy superintendent of Police Etc
Coram: Mr. Justice B.R. Gavai and Mr. Justice Vikram Nath
Case No: Criminal Appeal Nos. 1404 – 1405 of 2012
Advocate for the Appellant: Adv. Mr. S.Nagamuthu,
Advocate for the State: Dr. Joseph Aristotle, learned counsel
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