Dowry Death: Delhi HC rejects to quash FIR on basis of Settlement

Dowry Death hanged fansi Law Insider

Chaini Parwani

Published On: January 01, 2022 at 12:45 IST

The Delhi High Court rejected to quash a First Information Report (FIR) for a Dowry Death on the basis of a settlement between a man and his deceased wife’s family.

A Bench of Justice Mukta Gupta stated “The offence punishable under Section 304-B [dowry death] of the Indian Penal Code is not only a grave and heinous offence but an offence against society actuated by the social evil of demand of dowry, thus needs deterrence and, therefore, cannot be quashed on the basis of a settlement arrived at between the accused and the complainant.”

The Delhi High Court while dismissing the Plea by the man and other Accused Family Members for quashing the FIR highlighted a Verdict passed by the Supreme Court stating that where serious and grave offences are involved, the quashing of FIR cannot be allowed on the basis of the compromise.

The Victim’s Family had claimed that after the marriage in March 2021, the man and other Accused started harassing her for Dowry.

Eventually, in August, the Victim committed Suicide.

During the pendency of the Probe, the man and the woman’s family arrived at a settlement, which they stated, was without any undue influence and beyond any transfer of money.

The woman’s family, in the settlement, noted that they had no contention and grudges against the man and other Accused.

Further pertaining to the settlement, the Accused highlighted that no useful purpose would be served in continuing the FIR and the consequent Criminal Proceedings against them.

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