Delhi HC refuses to quash FIR against husband for dowry death
New Delhi Dec 30 PTI The Delhi High Court has refused to quash an FIR for dowry death on the basis of a settlement between a man and his deceased wifes family saying that it is a grave and heinous offence which is actuated by a social evil and thus needs deterrenceJustice Mukta Gupta while dismissing the petition by the man and other accused family members for quashing of the FIR said that the offence of dowry death is an offence against the society and noted that the Supreme Court has ruled that cases of serious cannot be closed on the basis of a compromiseIn the present case a woman has committed suicide within five months of the marriage due to the harassment caused by the husband and his family members and the offence punishable under Section 304-B dowry death IPC is not only a grave and heinous offence but an offence against the society actuated by the social evil of demand of dowry thus needs deterrence and therefore cannot be quashed on the basis of settlement arrived at between the accused and the complainant the court said in a recently passed orderA three-judge bench of the Honble Supreme Court has clearly laid down that where serious and grave offences are involved the quashing of FIR cannot be allowed on the basis of the compromise it addedIn the present case the womans family alleged that after the marriage in March 2021 the petitioners started harassing her for dowry Subsequently in August the family received a phone call that their daughter committed suicideDuring the pendency of the investigation the petitioners and the womans family entered into a memorandum of understanding which said that they had arrived at a settlement without any coercion and without any transfer of moneyThe womans family in the settlement said that they had no claim and grievance against the petitioners and would cooperate in the quashing petition while making sincere efforts in getting the petitioners released on bailThe petitioners argued before the high court that in view of the settlement no useful purpose would be served in continuing the FIR and the consequent criminal proceedings against themThe prosecution told the court that it has already filed a charge sheet against certain petitioners PTI ADS ZMN
New Delhi Dec 30 PTI The Delhi High Court has refused to quash an FIR for dowry death on the basis of a settlement between a man and his deceased wifes family saying that it is a grave and heinous offence which is actuated by a social evil and thus needs deterrenceJustice Mukta Gupta while dismissing the petition by the man and other accused family members for quashing of the FIR said that the offence of dowry death is an offence against the society and noted that the Supreme Court has ruled that cases of serious cannot be closed on the basis of a compromiseIn the present case a woman has committed suicide within five months of the marriage due to the harassment caused by the husband and his family members and the offence punishable under Section 304-B dowry death IPC is not only a grave and heinous offence but an offence against the society actuated by the social evil of demand of dowry thus needs deterrence and therefore cannot be quashed on the basis of settlement arrived at between the accused and the complainant the court said in a recently passed orderA three-judge bench of the Honble Supreme Court has clearly laid down that where serious and grave offences are involved the quashing of FIR cannot be allowed on the basis of the compromise it addedIn the present case the womans family alleged that after the marriage in March 2021 the petitioners started harassing her for dowry Subsequently in August the family received a phone call that their daughter committed suicideDuring the pendency of the investigation the petitioners and the womans family entered into a memorandum of understanding which said that they had arrived at a settlement without any coercion and without any transfer of moneyThe womans family in the settlement said that they had no claim and grievance against the petitioners and would cooperate in the quashing petition while making sincere efforts in getting the petitioners released on bailThe petitioners argued before the high court that in view of the settlement no useful purpose would be served in continuing the FIR and the consequent criminal proceedings against themThe prosecution told the court that it has already filed a charge sheet against certain petitioners PTI ADS ZMN
