Hon’ble Delhi High Court while dealing with a petition here on 14-02-2019 in the case of “Satbir Dalal & Ors v. State (Govt of NCT Of Delhi)” stated that for framing a charge not only suspicion but grave suspicion is required. Also, to constitute an offence under Section 304B and Section 498A IPC, it not mere bickering which would amount to an offence but it should be harassment of such a nature that would drive a woman to commit suicide.

BRIEF FACTS OF THE CASE

A charge was framed against the petitioners under Section 498A/304B/34 IPC. Petitioner No.1 is the father-in-law of the deceased. Petitioner No.2 is the mother-in-law. Petitioner No.3 is the brother of the husband and petitioner No.4 is the wife of the brother of the husband.

As per the information received at the police station Begumpur from Sanjay Gandhi Memorial Hospital that one woman had been admitted and was declared brought dead by the doctor. The doctor opined on the MLC “alleged history of hanging and declared brought dead”.

FIR was registered against husband and his relatives but it was further contended in the case that the deceased was not residing with the petitioners for last several years but living with her husband in different flat.

DECISION OF THE COURT

Hon’ble Court held that for framing a charge not only suspicion but grave suspicion is required. Also, to constitute an offence under Section 304B and Section 498A IPC, it not mere bickering which would amount to an offence but it should be harassment of such a nature that would drive a woman to commit suicide.

Thus, the charge framed against the petitioners were quashed but there was no bearing on the charge framed against the husband.

Read the full Judgement Here-

[embeddoc url=”http://lobis.nic.in/ddir/dhc/SAS/judgement/14-02-2019/SAS14022019CRLR6782015.pdf” download=”all”]