The court upheld that serious allegations of dowry death must be addressed despite compromises, prioritizing societal interests and the nature of the offense.

JUDGMENT :

Chandra Shekhar Jha, J.

Heard Mr. Gautam Kumar Kejriwal, learned counsel appearing for the petitioners and Mr. Ravi Shankar Pathak, learned counsel for the informant/opposite party no.2 duly assisted by learned A.P.P. for the State.

2. The present petition preferred under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023/Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) for quashing of the First Information Report (in short the ‘F.I.R.’) lodged in connection with Kankarbagh P.S. Case No. 811 of 2024, dated 27.10.2024 registered for the offences punishable under Sections 80, 85 and 3(5) of Bhartiya Nyay Sanhita, 2023 (in short the ‘B.N.S.’).

3. The brief facts of the case as it appears from the narration of the F.I.R. that the informant/O.P. No. 2 married his daughter namely, Sonal Bhartiya (deceased) to one Shubham Kedia (petitioner no. 3) according to Hindu rites and rituals. The informant alleged that at the time of marriage, total of Rs. 40 lakhs was spent by way of cash, jewelry etc., but the in-laws members of his daughter demanded an additional cash of Rs. 25 Lakhs as dowry. The informant convinced the in-laws that money would be paid as soon as possible. The informant stated that due to non-payment of aforesaid Rs. 25 Lakhs, all the in-laws members tortured his daughter to the extent that she was even denied for her regular meal. On 27.10.2024 at about 7:00 P.M. the father-in-law (petitioner no. 1) informed the informant that his daughter had confined herself in a room and not opening the door and after some time the wife of the informant got a message that her daughter has hung herself. Thereafter, the informant received a phone call from the father-in-law of his daughter as to reach Mediversal Hospital, Patna immediately. When he reached to the Hospital, he found his daughter was lying dead in the emergency ward of the hospital. The informant alleged that due to non-fulfillment of demand of Rs. 25 Lakhs as dowry and due to physical and mental torture by in-laws of his daughter, she committed suicide.

4. Mr. Gautam Kumar Kejriwal, learned counsel for the petitioners submitted that petitioner nos. 1 and 2 are father-in-law and mother-in-law respectively whereas petitioner no. 3 is the husband of the deceased daughter of the informant. Learned counsel submitted that petitioners have not demanded any money, as alleged, by the informant through F.I.R., rather petitioners were happy with the marriage of petitioner no.3 with deceased daughter of the informant.

5. Mr. Kejriwal, learned counsel submitted that on 27.10.2024, all in-laws members and daughter of the informant started their day with their normal routine, suddenly, the daughter (deceased) of the informant/O.P. No. 2 confined herself in a room without any disclosure to anybody in the family and at about 7:00 P.M. in the evening, when the petitioners found the situation suspicious, broken the door of the bedroom and they found that the daughter of the informant hung herself. It is submitted that petitioners immediately took the daughter of the informant to Mediversal Hospital, Rajendra Nagar, Patna, where the daughter of the informant was declared brought dead by the doctors.

6. Learned counsel submitted that the aforesaid case was instituted by the O.P. No.2 against the petitioners out of tutoring by his relatives, as no such incident of demand of dowry had ever made, where both sides had healthy relationship right from marriage of their childrens. Mr. Kejriwal submitted that by realizing the truth, the informant/O.P. No. 2 along with his brothers had executed a jo