Allahabad High Court Grants Relief to Sisters-in-Law Accused in Dowry Case
The Allahabad High Court has granted relief to two sisters-in-law who were accused of dowry harassment under Section 498A of the Indian Penal Code (IPC). The court observed that relatives like sisters-in-law, who were already married and living in different cities, should not be automatically held responsible in such cases.
A single-judge bench of Justice Ram Manohar Narayan Mishra made this observation while hearing a revision petition against an earlier decision by a Gorakhpur court. The lower court had rejected the discharge application filed by the accused under Section 245 of the Criminal Procedure Code (CrPC).
Background of the Case
In August 2004, the complainant, Alka Rani, filed an application under Section 156(3) CrPC in the Gorakhpur court. She claimed that she married Rajesh Agarwal in April 2002 as per Hindu customs. According to her, she was subjected to dowry demands and cruelty by her husband’s family, including her mother-in-law, brother-in-law, and two sisters-in-law — Lakshmi Poddar and Sunita Tulsyan.
She also alleged that these family members pressured her to get an abortion. Based on her complaint, the court summoned all accused under Sections 498A, 323, 504, 506, and 406 IPC and Sections 3 and 5 of the Dowry Prohibition Act.
Discharge Application and Revision Plea
In October 2022, the accused filed an application under Section 245 CrPC, stating they were falsely accused. However, the trial court found enough material against them and dismissed their request for discharge.
Challenging this, the two sisters-in-law filed a revision plea in the High Court. They argued that they were already married and living in separate cities (Calcutta and Thane) when the complainant got married. Therefore, they could not have been involved in the alleged incidents.
Court’s Observations
The High Court noted that the sisters-in-law were married before the complainant’s marriage and lived far away. Although the complainant accused them of visiting her home and assaulting her, there was no medical evidence to support the claim that they forced her abortion.
The court referred to key Supreme Court rulings — Kahkashan Kausar @ Sonam vs State of Bihar (2022) and Geeta Mehrotra vs State of U.P., which warned against making general or vague allegations against all family members in dowry cases without solid proof.
The High Court found that the trial court failed to properly evaluate the role of the sisters-in-law and did not consider the possibility of false implication. As a result, it allowed the revision plea and directed the magistrate to reconsider the discharge application.
Case Title:
Lakshmi Poddar @ Shikha Poddar and Another vs. State of U.P. and Another
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