Settling Scores: A Judgment By Justice Dhingra

Another gem from Justice Dhingra.

Here is the link to the TOI Article. 

Here is the judgment:  Settling Scores: A Judgment By Justice Dhingra

Misuse of dowry charges irks HC
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.


2 Responses to “Settling Scores: A Judgment By Justice Dhingra”

  1. 1 Major Subhajeet Naha January 11, 2008 at 5:35 pm

    i hope that lower courts also have judges with same aptititude


  1. 1 Justice Shiv Narayan Dhingra « 498agladiator Trackback on October 17, 2011 at 6:47 am

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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October 2007

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