Another gem from Justice Dhingra.
Here is the link to the TOI Article.
Here is the judgment: Settling Scores: A Judgment By Justice Dhingra
SETTLING SCORES
Misuse of dowry charges irks HC
TIMES NEWS NETWORK
New Delhi: Expressing anguish that the criminal justice system was being ‘‘grossly misused’’ in dowry death cases to harass the husband and his relatives, the Delhi High Court has quashed an FIR lodged by a woman against her husband, brother-in-law and his wife accusing them of dowry harassment Justice S N Dhingra quashed the FIR in question after concluding there was no prima facie evidence to support the allegations against the other relatives and it was registered for the sole purpose of harassing them. However, the court did not quash the FIR against the husband of the woman and directed the police to probe the matter. ‘‘In order to settle scores with her husband, the complainant implicated other family members for dowry harassment while there was no complaint prior to that, and she has been married for about 14 years before lodging of this FIR,’’ the court noted while granting relief to the husband’s relatives. The FIR had been lodged on the complaint of a Punjab-based woman against her brother-inlaw and his wife. The woman had married one Harvinder Singh Khurana, a Delhi-based businessman, in 1992. Later, their marital relationsturned sour, which resulted in various types of litigation, from divorce suits to criminal cases slapped against each other levelling several accusations. The case involving Khurana’s relatives was lodged with Lajpat Nagar police station and also accused him of dowry harassment. She further alleged that her husband was a drunkard, a womaniser and often maltreated her, and also accused him of trying to secure the custody of their two children by threatening to commit suicide in 2001. But Khurana claimed he was almost killed and it wasn’t a suicide attempt. In light of this the court felt that while Khurana’s relatives were being wrongly charged, the allegations against him merited further probe. toireporter@timesgroup.com
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