Allahabad HC Refuses to Quash Dowry Death Case, Holds Live-In Partners Can Be Tried U/S 304-B IPC

Allahabad HC Refuses to Quash Dowry Death Case, Holds Live-In Partners Can Be Tried U/S 304-B IPC

The Allahabad High Court has dismissed a petition by a man accused of causing the dowry death of his wife or live-in partner, who sought to have the charges quashed on the grounds that the deceased was not his legally wedded wife.

The petitioner argued that Section 304-B of the IPC, which deals with dowry deaths, should not apply in this case.

However, Justice Raj Beer Singh, referring to the Chhattisgarh High Court’s decision in Mohitram vs. State of Chhattisgarh (2004), ruled that the legal status of marriage is not the sole factor in dowry-related cases.

What matters is whether the couple lived together as husband and wife at the time of the alleged offense. The court observed that, even if the deceased was not legally married to the accused, there was sufficient evidence to show they were cohabiting as a couple.

The court further rejected the man’s argument that the deceased had not divorced her previous husband before entering the live-in relationship, emphasizing that a formal marital relationship is not necessary to invoke dowry-related charges.

Instead, the focus is on protecting women in domestic relationships from cruelty and harassment. Accordingly, the court denied the application filed under Section 482, CrPC, and allowed the trial to proceed.

Case Title: Adarsh Yadav vs. State of U.P. and Another

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