Dowry Harassment and Stridhan Misappropriation: Supreme Court Upholds Additional Charges

The Supreme Court of India, in the case of Anant Prakash Sinha @ Anant Sinha vs. State of Haryana & Anr., ruled on a significant issue concerning dowry harassment and the misappropriation of stridhan (a woman’s personal property given during marriage). The judgment, delivered by Justices Dipak Misra and Shiva Kirti Singh, upheld the addition of charges under Section 406 IPC against the husband, clarifying that courts have the authority to modify charges if prima facie evidence exists.

Background of the Case

The appellant-husband, Anant Prakash Sinha, was facing trial under Sections 498A and 323 IPC based on an FIR filed by his wife in 2013. The complaint alleged physical assault and deprivation of basic necessities due to a dowry dispute. Initially, the trial court framed charges under Sections 498A and 323 IPC. However, during proceedings, the wife filed an application under Section 216 CrPC to add a charge under Section 406 IPC for misappropriation of her stridhan.

The trial court allowed the request, finding sufficient material on record. The revisional court upheld the charge against the husband but quashed it against the mother-in-law. The appellant then challenged the decision in the High Court, which upheld the additional charge. The Supreme Court was approached to challenge the High Court’s order.

Key Legal Issues

• Can a trial court add additional charges under Section 406 IPC based on prima facie evidence?
• Is an application by the wife for modification of charges permissible under Section 216 CrPC?
• Did the High Court err in affirming the additional charge of criminal breach of trust?

Arguments of the Parties

Petitioner’s Arguments (Anant Prakash Sinha)

The appellant contended that a trial court could only modify charges under Section 216 CrPC based on new evidence, not merely on an application by the complainant. He argued that the trial court’s decision to frame an additional charge was erroneous and should be quashed.

Respondent’s Arguments (State of Haryana & Wife)

The respondents defended the trial court’s decision, stating that the trial judge was justified in adding the charge based on the available evidence, including the complainant’s statement and supporting documents. They further argued that under Section 216 CrPC, courts have the power to modify or add charges at any stage before judgment.

Supreme Court’s Observations

Justice Dipak Misra, delivering the judgment, stated:

“The court can change or alter the charge if there is a defect or something is left out. The test is, it must be founded on the material available on record.”

The Court emphasized that Section 216 CrPC grants courts broad discretion to add or modify charges based on existing materials, including FIRs and statements. The Court rejected the contention that only the prosecution could request such changes, affirming that the complainant’s application was valid.

Final Verdict

The Supreme Court dismissed the appeal and upheld the additional charge under Section 406 IPC against the husband. The Court clarified that while an application by the complainant could prompt reconsideration of charges, the final decision must be based on judicial discretion and available evidence.

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Download Judgment: Anant Prakash Sinha vs State of Haryana & A Supreme Court of India Judgment Dated 04-03-2016-1741853873616.pdf