Delhi HC: Mere Demand of Dowry Does Not Constitute Offense Under Section 498A IPC
The Delhi High Court has ruled that a mere demand for dowry does not qualify as an offense under Section 498A of the Indian Penal Code (IPC) unless it amounts to harassment or cruelty. The Court quashed an FIR filed against the distant relatives of a husband, stating that the allegations were exaggerated and unsupported by evidence.
Background of the Case
The case involved a wife’s complaint under Sections 498A, 406, and 34 IPC, where she accused her husband’s distant relatives of dowry harassment and threats. According to her, these relatives had:
- Set up her arranged marriage despite knowing that the husband and his parents were alcoholics.
- Pressured her family to transfer property and expensive gifts to her husband’s name.
- Threatened her to accept their demands, leading her to leave her marital home.
The accused relatives filed a petition seeking to quash the FIR, arguing that they never lived with the wife and that the allegations were false and exaggerated.
Court’s Observations
The Delhi High Court referred to key Supreme Court rulings, including:
- Preeti Gupta v. State of Jharkhand (2010) – which warned against over-implication of relatives in dowry cases.
- Payal Sharma v. State of Punjab – which emphasized that courts must determine if accused relatives actually lived with the victim or if they were falsely implicated.
The Court noted that:
- The petitioners never shared a residence with the wife.
- The accusations lacked any strong supporting evidence.
- Simply demanding dowry without proof of cruelty or harassment does not meet the threshold for an offense under Section 498A IPC.
Court’s Verdict
The Delhi HC quashed the FIR, stating that allowing the case to continue would be an abuse of legal process. However, the Court also issued a note of caution, acknowledging that:
- Dowry harassment is a serious social evil, and victims should not be discouraged from reporting genuine cases.
- However, false or exaggerated allegations should not be used as a tool for misuse of the law.
Thus, the petition was allowed, and the FIR against the distant relatives was dismissed.
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