Here is an excerpt, along with the judgment of Justice Dhingra.
“Kanpur: In an age when the life for little ones is all play and fun,
four year-old Vishal is hiding at an unknown place since June 29,
evading his arrest. Reason: He and his brother Ajay (8) are facing a
non-bailable warrant (NBW) in a dowry harassment case.
Under Section 156(3) of the CrPC, the district court had asked the
police to register a case against Ramesh Kuriel, a resident of
Darshadev village near Gujaini in Kanpur Dehat district, his wife
Shanti and their sons Abhinay (24), Vishal (4) and Ajay (8). The court
issued the directive on a complaint lodged by Abhinay’s wife Deepa,
who had alleged that her in-laws, husband and two minor
brothers-in-law tired to set her ablaze on December 2, 2006 when her
family refused to pay a dowry demand of Rs.50,000, besides a bike. The
two kids have been accused of helping the family in puring kerosene on
Deepa during the unsuccessful bid to set her ablaze.
While the police in a bid to comply with the court order continued
raiding possible hideouts of the kids, the complainants advocate Arun
Srivastava explained that as Deepa had not disclosed the age of the
accused persons, this goof up took place. “We are rectifying the
lapse,” he added. Although Ramesh Kuriel and his wife were granted
bail on Tuesday, their three sons are yet to seek it and come out of
hiding. “Deepa has implicated my entire family after her husband and
my son Abhinay refused to leave us and stay separately,” Ramesh alleged.
The case has, however, added to the swelling number of the frivolous
anti-dowry cases in which the criminal justice system is used as a
tool to settle personal scores. This is happening despite several
higher court orders in the past asking lower courts to avoid
entertaining flimsy use of anti-dowry law. The latest such direction
had come from the Delhi High Court on March 13 last.
“The trial court must take into account the entirety of the case, all
documents which are brought to its notice and thereafter decide
whether there was a case made out or the court was being used as a
tool,” Justice SN Dhingra had observed in his order.”
You can read about this order here: Do Not Entertain Frivolous Dowry Cases