Delhi court discharges brother-in-law in cruelty case

A Delhi court has set aside an order framing charges of cruelty in a dowry death case against the woman’s brother-in-law, saying the allegations against him were not backed by evidence.

Additional Sessions Judge Saurabh Kulshreshtha said the magistrate “committed a patent error and manifest illegality” in directing that charge be framed against the accused.

The ASJ was hearing a criminal revision plea filed by Deepak, the brother-in-law of the deceased woman, against a magistrate’s order of March 2022 framing charges against him under IPC Section 498 A (husband or his relatives subjecting a married woman to cruelty).

The court noted that earlier on March 22, 2023, the magistrate acquitted all other accused persons in the case except Deepak, against whom framing of charges were ordered.

It noted that according to the magisterial court, there was a specific allegation against Deepak that he had objected to the number of clothes given at the time of wedding and had insulted the parents of the deceased woman.

In an order dated December 13, the ASJ Kulshreshtha said, “A mere allegation regarding deficiency of one pair of clothes, which are customary gifts given at the time of marriage, cannot be said to constitute a positive demand for dowry or harassment.”

The court noted that the post-mortem reports showed no external injuries and cause of death was ruled out to be hepatic (liver) failure, which was a natural cause of death.

“It is clear that the material on record even prima facie did not disclose any grave suspicion regarding the commission of the offence under section 498 A of the IPC, ” the court said.

It said the magistrate “committed a patent error and manifest illegality” in directing that charge be framed against the accused.

Setting aside the magistrate’s order, it allowed the revision petition and discharged Deepak who was accused of harassing the deceased woman, Mansi, for dowry and treating her with cruelty.

The woman married Deepak’s brother Kuldeep in 2016, and it was alleged that at the time of marriage, various dowry articles were demanded.

It was further alleged that Mansi died due to negligence in her medical treatment committed by the accused persons (the husband and in-laws) while she was pregnant on October 7, 2018.

The Nangloi police station had registered an FIR after the woman’s death based on a compliant by her sister.