Case under Dowry Prohibition Act cannot be instituted without prior sanction of DM: Punjab Haryana HC [Read Order]

Punjab: The Punjab and Haryana High Court has quashed an FIR registered under the Dowry Prohibition Act, 1961, due to the lack of prior sanction from the District Magistrate as required under Section 8-A of the Act.

Justice Jasjit Singh Bedi passed the order while allowing a petition filed by Kamaljeet Singh and others, seeking the quashing of FIR No. 16, dated 18.02.2023, registered at Police Station Chhajli, District Sangrur.

The court highlighted Section 8-A of the Dowry Prohibition Act, as applicable to Punjab, which states: “No prosecution shall be instituted against any person in respect of any offence committed under this Act without the previous sanction of the District Magistrate or of such officer as the State Government may by special or general order appoint in this behalf.” Relying on Supreme Court judgments, the court noted that ‘prosecution’ includes the institution or commencement of criminal proceedings, inquiry, and investigation.

The court also referred to several previous judgments holding that proceedings are liable to be quashed if there is no prior sanction under Section 8-A. It observed: “As in the instant case, the FIR has been registered without any prior sanction of the concerned officer, it is apparent that there is an express legal bar engrafted in the provisions of the Act to the institution and continuation of proceedings.”

Consequently, the court allowed the petition and quashed the FIR, the final report under Section 173(2) CrPC, and all consequential proceedings. In conclusion, the High Court reaffirmed that the registration of an FIR and investigation under the Dowry Prohibition Act without the prior sanction of the District Magistrate is not permissible as per Section 8-A of the Act applicable in Punjab.

[Read Order]