Balance Needed Between Combating Dowry Harassment And Protecting Rights Of Innocents: Delhi High Court

The Delhi High Court has called for balance between combating dowry harassment and cruelty from the society, and the rights of innocent individuals roped in such cases due to distant relationship with the accused.“The evils of dowry harassment and cruelty are a pestilence to the sanctum that is marriage. Undoubtedly, they must be dealt with in utmost seriousness. However, the attempt to rid society of these evils must be balanced with the rights of those innocents who may be roped into the dispute purely by distant association with the accused through blood,” Justice Ajay Digpaul said. The Court was dealing with a plea filed by a niece who was one of the six persons against whom an FIR was registered alleging abuse, harassment, cruelty, and dowry demands. She sought quashing of the FIR. It was her case that specific allegations against her only had been levelled to the extent of her being involved in the destruction of CCTV cameras in the complainant's marital home as well as locking up of furniture with the intention to inconvenience the complainant.The counsel appearing for the complainant said that the complainant did not object to the quashing of the FIR qua the niece. It was submitted that the complainant did not wish to press the allegations levelled against the niece, considering that at the time of occurrence of the incidents in the FIR, she was only around 18 years of age and was still in school, and that she was going through the traumatic experience of losing her father.Quashing the FIR in question only qua the niece, the Court said:“In light of no objections being raised on behalf of the complainant to the prayers contained in the present petition, the age and circumstances of the petitioner at the time of the incident as detailed in the FIR, the lack of significant allegations levelled against her, as well as the law laid down by the Hon'ble Supreme Court, this Court deems it fit to quash FIR…for offences punishable under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom only to the extent of the involvement of the present petitioner.”Title: HARSHEETA THAKUR v. STATE GOVT. OF NCT OF DELHI AND ANRCitation: 2025 LiveLaw (Del) 1221Click here to read order

Balance Needed Between Combating Dowry Harassment And Protecting Rights Of Innocents: Delhi High Court

Nupur Thapliyal

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