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The Delhi High Court has recently held that in the case of death due to demand of dowry, the case cannot be quashed on the basis of settlement arrived at between the accused and the complainant.

A bench of Justice Mukta Gupta said that the case, “is not only a grave and heinous offence but an offence against the society actuated by the social evil of demand of dowry, thus needs deterrence and, therefore, cannot be quashed on the basis of settlement arrived at between the accused and the complainant.”

The bench was hearing a plea seeking quashing of a case where a woman has committed suicide within five months of the marriage due to the harassment caused by the husband and his family members and the offence punishable under Section 304-B IPC.

The Counsel appearing for the petitioner had submitted that in view of the decision of the Supreme Court reported as Narinder Singh and Others Vs. State of Punjab and Another, quashed the FIR and the proceedings pursuant thereto as no useful purpose would be served in continuing the FIR.

In addition to this counsel appearing for the respondents also submitted that "The respondent No. 2 has agreed that he has no claim and grievance against the petitioners and will cooperate in the quashing petition preferred before this Court as also make sincere efforts in getting the petitioners released on bail and that the parties have no grudges left against each other."

However, the bench rejecting the submissions noted that the Court is of the considered opinion that the case of Narinder Singh and Others will have no application in the cases where offences of serious nature are involved.

Case Title: Dalbir Singh and Ors. Vs. State of GNCT of Delhi and Anr.