The bench of Justice Sanjay Kumar Dwivedi of the Jharkhand HC ruled that an “apology should be tempered with genuine remores and repentence, and should not be a calculated startegy to avoid punishment.”
The bench was dealing with a petition filed to quash the criminal proceedings registered for offences under section 341, 323, 494 and 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The facts of the case in hand are as; the marriage was solomnized between the informant (wife) and the petitioner (husband). After physically and mentally torturing the petitioner sent the informant and her children to her paternal house and she has been living there since for about six years.
The petitioner (husband) later solemnized another marriage and when the informant inquired about the second marriage, the petitioner assaulted and abused her using filthy language and demanded Rs. 20 Lakhs as dowry from the informant’s father. When the demand was refused, the informant was again assaulted by the petitoner.
The question for consideration before the bench was
Whether the proceedings against the petitioner could be quashed or not?
The bench opied that the sincerity of an apology should be unquestionable. It should be tempered with genuine remorse and repentance, not a calculated strategy to avoid punishment. Hence, an apology should not be a paper apology and the expression of sorrow must be from heart and not a pen. It’s one thing to say sorry and another to feel sorry.
The honorable High Court note that many a times an apology is used as a weapon of defence to escape from the evil consequences. The apology must be sought at the earliest opportunity. The apology tendered by the petitioner in the instant case is at belated stage is only to escape the punishment of the court it should not be acceptable.
If the apology isn’t coming from the heart of petitioner, then it is not accepted. In view of the above, the High Court dismissed the petition.
Case Title: Dr. Sanjay Kumar v. The State of Jharkhand
Bench: Justice Sanjay Kumar Dwivedi
Case No.: Cr.M.P. No. 524 of 2021
Counsel for the petitioner: In person
Counsel for the respondent: Mr. Pankaj Kumar Mishra
