Single-judge bench said that,
From Paras 64, 65 and 66
Anshu Goel and Anr Vs State of U.P and Anr on 16 Apr 2020
64. If anyone is involved in the most heinous social evil of dowry, I have no manner of doubt that law must be allowed to take it course with full swing and there should not be any sympathy, compassion or leniency for such person who is indulged in such crime but only on whims and caprice someone who is not accused of any such offence, should not be implicated and undergo an ordeal criminal trial merely for the reason that he or she is relative of the husband and every relative of the husband should be made to teach a lesson. After all, performance of marriage by itself is no offence and if any one is relative of one of the spouse who is alleged to be a guilty of offence of dowry, mere relationship should not be a reason to implicate such person in a criminal proceedings.
65. Hon’ble S.S. Nijjar, J. (as His Lordship then was) in Lakhwinder Singh Vs. State of Punjab (supra), dealing with slightly a similar matter and observed that it is generally seen that when any marriage goes in rough weather the tendency of bride is to insinuate as many members of the family of her husband as possible with the allegation of laying demand for dowry and also treating her with cruelty when their demand for dowry is not being fulfilled. Allegations of misappropriation of dowry are also made some times against those members of the family of the husband who do not have anything with the dowry which is the basic concern of the bride and bridegroom and at best parents of the bridegroom. If there is no entrustment of any article of dowry to anyone and the ingredients of definition of dowry under Section 2 of Act, 1961 are not satisfied, offence of Section 3/4 of Act, 1961 will also not be attracted.
66. In these circumstances, it cannot be said that offences under Section 3/4 of Act, 1961 against applicants are made out and, in my view, proceedings, if allowed against applicants will be nothing except but a gross abuse of process of law and ends of justice required that the same must be quashed against applicants.
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