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The Allahabad High Court has directed that Rs 2 lakh be paid to a man acquitted in a dowry-related harassment case, observing that he was subjected to “vexatious criminal prosecution,” while dismissing an Uttar Pradesh government appeal against his acquittal.
The order came on an appeal filed under Section 378(3) of the CrPC challenging the acquittal of Dhirendra Kumar, whose wife, Pinki Jaiswal, was found dead in their house in March 2022. An alleged suicide note recovered by police cited “academic stress” and stated neither her parents nor in-laws were responsible. The trial court acquitted Kumar on July 4, 2024.
The State argued the acquittal was “misconceived” and sought leave to appeal. Kumar’s counsel countered that the trial court had correctly evaluated evidence, including the suicide note produced by the prosecution.
Quoting Section 378 of the CrPC, the court noted that directions to file appeals against acquittals must be exercised “sparingly and with circumspection” and only on “substantial and compelling reasons… good and sufficient grounds… very strong circumstances, a distorted conclusion and apparent mistake.” Mere reproduction of these phrases, it added, is not enough; reasons must be “clear and explicit” in the application for leave to appeal.
The bench said Kumar, who got an “honourable acquittal,” must be paid Rs 2 lakh within 30 days “as just and proper compensation for vexatious criminal prosecution.”
The FIR, lodged by the deceased’s brother at Sikandrabad police station, Bulandshahr, accused Kumar of dowry harassment under IPC sections 498-A, 304-B, 316, 506, and provisions of the Dowry Prohibition Act. The brother alleged that Kumar refused to bear her food and education expenses, disowned her pregnancy, demanded more dowry, and threatened to kill her. The suicide note, however, said she was pursuing an M.Ed and ended her life due to “study stress.” The postmortem found death due to asphyxia from hanging and confirmed she was not pregnant. Police filed a chargesheet after investigation.
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