The absence of specific allegations of dowry-related harassment leads to dismissal of charges under IPC Sections 498A and 304B.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ Cr.P.C.”) read with Article 227 Constitution of India has been filed against the impugned Order dated 03.04.2017 vide which the learned District and Sessions Judge has upheld the Order of the learned M.M. dated 27.06.2016 discharging the Respondents No. 3 to 5 in the Charge-sheet filed in FIR No. 199/2014 under Sections 498A/304B/34 of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”) at P.S.Sangam Vihar, New Delhi.

2. Briefly stated, the Complainant/Sh. Gainda Lal (the Petitioner herein), father of the deceased, Ms. Shashi made a Complaint of dowry harassment and death of his daughter.

3. It is submitted that he is an Auto Rickshaw driver. His daughter, Ms. Shashi got married to Respondent No. 3/Sh. Bhagwan Swaroop, son of Respondent No. 4/Sh. Rishi Pal, on 05.12.2010 as per Hindu rites and customs. He spent about Rs.4 Lacs, which was beyond his financial means and resources. He arranged the money from his friends, relatives and family members.

4. The Petitioner asserted that after the marriage, his daughter was continuously humiliated and tortured for not bringing sufficient dowry and Respondents No. 3 to 5 made demands of gold bracelet, bike and other articles from his daughter. However, when the demands were not met, his daughter was mentally tortured because of which she died on 31.03.2014.

5. The Petitioner submitted that Ms. Shashi was blessed with two daughters; one was 2.5 years old and the other was 40 days old at the time of her demise. It was further stated that after marriage of the daughter, he had been regularly meeting their demands but she was continuously harassed and tortured, which increased manifold after the birth of second daughter.

6. Whenever his daughter visited her parental house, he always advised her to adjust with the family members. Because of his financial limitations, the Complainant was unable to take any coercive measure against the Respondents No. 3 to 5.

7. On 03.04.2014 at about 11.00 PM, the Petitioner received a call from Respondent No.4/Sh. Rishi Pal, that his daughter, Ms. Shashi has fallen unwell and has been taken to Majeedia Hospital. He reached the hospital and was informed by the doctor that his daughter has died.

8. The statement of the Petition as well as of Smt. Gyana Devi, his wife was recorded by the SDM and on their statements, FIR No. 199/2014 was registered on 04.04.2014 under Sections 304B/498A/34 IPC at P.S. Sangam Vihar.

9. During the investigation, further statements of the Complainant/Petitioner and his wife and other family members, were recorded under Section 161 Cr.P.C. On completion of investigation, Charge-sheet was filed under Sections 304B/498A/34 IPC. The case was committed to the Court of Sessions.

10. The learned ASJ noted the testimony of CW-1, the Doctor, who deposed that Ms. Shashi had died on account of Pneumonia. Considering that the cause of death was not unnatural but on account of Pneumonia, the Respondents No. 3 to 5 were discharged under Section 304B IPC and the case was remanded back to learned M.M. for Trial under Section 498A/34 IPC

11. This Order of discharge under Section 304B IPC was not challenged.

12. Learned M.M. vide Order dated 27.06.2016 concluded that the allegations were vague and there were no specific instances or description of alleged demand for dowry or harassment. It was also noted that there were contradictions in the first statement made by the Complainant and his wife before the SDM and the subsequent statement of the Complainant recorded under Section 164 Cr.P.C. Consequently, it was held that the allegations were vague and did not prima facie disclose any offence under Section s 498A or 34 of the IPC against Respondents No. 3 to 5. In the absence of specific allegations regarding harassment rel