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Can A Dowry Complaint Be Filed Years After Divorce?
The Supreme Court has ruled that if the complaint is filed long after the divorce, then prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 is not sustainable.
In the present case, that is Mohammad Miyan vs. State of Uttar Pradesh, a lady filed an FIR against her husband and his relatives under Section 498A, 323, 325, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 after almost four years of her divorce.
The trial court and the High Court refused to discharge the accused. As a result, the accused approached the Apex Court. The accused contended that the complaint has been filed after four years of divorce and therefore it is not maintainable.
The Apex Court quashed the prosecution against the accused persons under Section 498A of Indian Penal Code and Dowry Prohibition Act,1961 but held that the prosecution under Sections 323, 325, 504 and 506 of Indian Penal Code must be dealt with differently. It further stated that in Sec. 498A, the words husband and the relatives of the husband have been used clearlyand therefore the ingredients of Section 498A of Indian Penal Code are clearly not satisfied.
