“Classic case of taking revenge by the husband against the wife on being aggrieved by the maintenance petition filed.”

Supreme Court: The Bench comprising of N.V. Ramana and M.M. Shantanagoudar, JJ., allowed a petition while setting aside the order passed by Allahabad High Court under Section 482 CrPC for quashing of proceedings.

Appellant 1 was the wife of Respondent 2, in accordance to the facts stated, Appellant 1 was in her final year of MCA and Respondent 2 had completed his MBBS at the time of marriage. Appellant had taken admission in an institute to pursue MBA but after a while she moved back to her parent’s house due to the demand of dowry being placed by Respondent 2. In February, 2008 Respondent 2 while working as an ad-hoc medical officer in M.P. stayed with Appellant 1 at her parent’s house and thereafter moved to U.P. in order to continue as a permanent medical officer. Appellant 1 on giving birth to her first child moved with Respondent 2 but again after some time she returned to her parent’s house due to harassment by Respondent 2.

It was alleged by the Appellant 1 that continuous dowry demands and harassment by Respondent 2 compelled her to go before the Concilliation centre which also proved to be a failed move as the respondent did not change, thereafter, appellant filed a maintenance petition under Section 125 CrPC. Respondent 2 as a counterblast filed an FIR against appellant 1 under Sections 420 and 504 IPC for cheating and intentional insult with intent to provoke breach of the peace. Further, appellant filed a petition under Section 482 CrPC which was dismissed by the High Court.

The Supreme Court observed that the primary allegation submitted by the respondent against the appellant was that Appellant 1 had wrongly represented that she had completed her MCA at the time of marriage and merely on the said basis, it cannot be said that appellant had cheated upon the respondent and therefore, Court found that absolutely no offence could be found under Section 420 IPC and the FIR is just a counterblast against the maintenance proceeding against the appellant. The petition is allowed. [Anupriya Pal v. State of U.P.,2018 SCC OnLine SC 1316, Order dated 13-08-2018]

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