Every Petty Quarrel Or Family Bickering Cannot Be Construed As Harassment Caused For Dowry: Gujarat High Court

The Gujarat High Court observed that every petty quarrel or family bickering which are usual in any family life by itself cannot be construed as a harassment caused for dowry or in connection with the dowry or for any property.

An appeal was preferred by the State against the order of acquittal by the Trial Court in dowry case.

The Bench of Justice Cheekati Manavendranath Roy and Justice D. M. Vyas observed, “Even though the deceased has left a suicide note and her dying declaration is also recorded by the…It is settled law that every petty quarrel, family bickerings which are usual in any family life by itself cannot be construed as a harassment caused for dowry or in connection with the dowry or for any property. Therefore, even the suicide note and the dying declaration of the deceased is also not proving or establishing the fact that she was subjected to any such harassment or cruelty for or in connection with the dowry as required under the law to prove the offences under Sections 304 (B) and 498(A) of the Indian Penal Code. The necessary legal requirements to prove the said offences are not established in this case.”

Advocate Bhargav Pandya represented the Appellant, while Advocate Ashish M Dagli represented the Respondents.

Case Brief

It was the case of the Prosecution that the deceased wife died because of cardiac respiratory failure due to taking poison. The deceased wife was subject to cruelty by her in-laws. An FIR was registered under Sections 498(A), 304(B), 306 of the Indian Penal Code. However, the trial court found the accused persons not guilty for the aforesaid offences and acquitted them of the said charges.

The appeal is preferred by the State being aggrieved of the order of acquittal by the Trial Court. It was submitted that accused persons have subjected deceased to cruelty and harassed her and unable to bear the said harassment she committed suicide and died on August 26, 2006.

Court’s Analysis

The Court opined that it is well settled law that in order to prove the case under Section 304(B) of the Indian Penal Code, relating to a dowry death, it must be shown:

(1) the female person died either because of burn injuries or any bodily injuries or under unnatural circumstances,

(2) the said death must be within seven years of marriage and

(3) soon before her death, it must be shown that she was harassed for dowry or in connection with any demand for dowry.

However, in the instant case, there is no valid evidence on record to establish the said material fact to prove an offence under Section 304(B) of the Indian Penal Code or under Section 498(A) of the Indian Penal Code.

“If a married woman commits suicide on account of usual family bickerings and petty quarrels that take place in the family, either because of her weak mind or emotional nature, the family members of the matrimonial home cannot be held responsible for any offences punishable under Sections 304(B) or 498(A) of the Indian Penal Code”, the Court observed.

Further, while referring to Section 113A of the Evidence Act, the Court emphasised that it must be shown that she was subjected to harassment or cruelty for or in connection with any dowry or valuable security or property. Due to no evidence regarding the same, no such presumption can be invoked that she committed suicide because of any such harassment said to have been caused to her by the accused.

Accordingly, the appeal was dismissed confirming the judgment of the acquittal of the Trial Court.

Cause Title: State Of Gujarat V. Hemendra Harishbhai Lodhiya & Ors

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