Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court

The Delhi High Court has said that mere demand for dowry is no offence under Section 498A of Indian Penal Code, 1860, and simpliciter allegation of intimidation does not constitute harassment.

Justice Amit Mahajan made the observation while quashing an FIR registered by a wife against the relatives of the husband. The case was registered against the husband, parents and the relatives in 2019.

The relatives sought quashing of the FIR on the ground that they were not immediate family members of the husband and there was nothing to suggest as to why they, who never resided with the wife, could be motivated to allegedly demand dowry from her.

It was submitted that the complainant wife only made vague allegations against the relatives which do not warrant any prosecution.

Allowing the plea, the Court noted that in the FIR, the complainant wife made a specific allegation qua the petitioner relatives without any supporting material.

“Although the FIR is not supposed to be an encyclopaedia, however, it cannot be ignored that the FIR in the present case runs into several pages and Respondent No.2 (complainant) has detailed multiple facts naming the petitioners, including the reassurances given by them in relation to Mr. Sooruj's background. In such circumstances, this Court finds it unlikely that the petitioners were involved in the alleged incident on 04.11.2018,” the Court said.

It added that the allegations against the relatives, which were levelled without any cogent supporting material, seemed to be an exaggeration.

The Court noted that although it was alleged that the petitioner relatives 'intimidated' the wife with threats of breaking the nuptial ties when they made the demands, however, the Court said that the said allegations fell short of the threshold of 'cruelty' as under Section 498A of IPC.

“Mere demand of dowry is not an offence under Section 498A of the IPC, and in the current circumstances, a simpliciter allegation of intimidation cannot be said to constitute as harassment, especially when it is the case of the complainant that the petitioners had tried to justify the same as an investment,” the Court said.

It added that the petitioner relatives were not the aggressors, considering the fact that they never shared a residence with the wife and that her parents approached them for resolution of the issues.

”They seem to have been implicated solely due to the tendency of litigants to implicate the husband and all his relatives,” the Court said.

Title: VANEETA GUPTA & ANR v. STATE OF NCT OF DELHI & ANR

Citation: 2025 LiveLaw (Del) 185

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