Del HC | Mere bickering doesn’t constitute offence under Ss. 304-B and 498-A IPC; in laws living in separate house discharged

Delhi High Court: Sanjeev Sachdeva, J., allowed a petition filed by in-laws of the deceased (wife) against the order of the trial court in pursuance of which charges were framed against them under Sections 304-B (dowry death) and 498-A (husband or relative of husband of a woman subjecting her to cruelty) IPC.

As per the prosecution, the deceased had died within seven years of her marriage. It was alleged that on the fateful, she was brought to Sanjay Gandhi Hospital where she was declared brought dead. On the MLC, the doctor opined: “alleged history of hanging and declared brought dead”. Parents of the deceased stated that she was harassed for dowry by her husband and in-laws (petitioner). A case was registered and the trial court was of the view that a prima facie case was established against the husband and the in-laws. Accordingly, the charges were framed against all the accused. Aggrieved thereby, the in-laws filed the present petition.

Anunya Mehta and Akshay Deep Singhal, Advocates for the in-laws contended that the charges against them were based on omnibus allegations and the deceased was not residing with them for last several years as she was living separately in Rohini with her husband. They prayed for discharging the in-laws.

The High Court perused both the sections. It was noted that the allegations made by parents of the deceased were all against the husband. And there were a few very general allegations against the in-laws like that of ‘continuous bickering’. There was no allegation that they ever demanded dowry. It was stated, To constitute an offence under Sections 304-B and 498-A IPC, it not mere bickering which would amount to an offence but it should be harassment of such a nature that would drive a woman to commit suicide.” The Court held that allegations against the in-laws were not such a nature so as to qualify as an offence under the said sections. In such view of the matter, the petition was allowed and the in-laws were discharged.[Satbir Dalal v. State (NCT of Delhi), 2019 SCC OnLine Del 7006, dated 14-02-2019]

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