Hon’ble Delhi High Court while dealing with a petition here on 15-03-2019 in the case of “Ajeet kumar v. State of NCT of Delhi” stated that apart from statutory presumption that death has occurred otherwise than under normal circumstances within 7 years of marriage the basic ingredient of harassment or demand must be there for an offence under Section 304-B IPC.

BRIEF FACTS OF THE CASE

Petitioner was the husband of the deceased and was married to the deceased on 25.06.2012. A child was born from the wedlock on 10.07.2013. On 26.06.2016, the wife is alleged to have committed suicide.

On the complaint of the father of the deceased, the subject FIR No. 606/2016 was registered under Sections 498A/304B/34 of the IPC. In an order dated 15.03.2017 charge has been framed against the petitioner under Section 498-A/304-B/34 of the IPC.

Thus, this petition was filed against that order.

DECISION OF THE COURT

Hon’ble Court held that apart from statutory presumption that death has occurred otherwise than under normal circumstances within 7 years of marriage the basic ingredient of harassment or demand for or in relation to dowry is absent in the present case.

grave suspicion that the accused is likely to have committed the offence is absent

Finally the impugned order dated 15.03.2017 was set aside and the petitioner was discharged of all offences.

Read the full Judgement Here-

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