Delhi High Court Quashes FIR Against Minor in Dowry Harassment Case
Court acknowledges lack of substantial allegations against petitioner and her minor status at the time of the incident.
In a significant judgment, the Delhi High Court, presided over by Justice Ajay Digpaul, quashed the FIR against Harsheeta Thakur, who was implicated in a dowry harassment case. The FIR, numbered 357/2024 and registered at Police Station Pandav Nagar, was filed under Sections 498A, 406, and 34 of the Indian Penal Code, 1860. The decision was made on September 26, 2025, following a writ petition filed by Thakur.
The petitioner, Harsheeta Thakur, who was a minor at the time of the alleged incidents, was accused alongside six others in a case primarily targeting the complainant's husband and his immediate family members. Thakur's involvement was limited to allegations of damaging CCTV cameras and locking up furniture to inconvenience the complainant. However, the court found these allegations to be unsubstantial, particularly given Thakur's age and her own personal circumstances at the time.
The counsel for the petitioner, Mr. Sunil K. Mittal, argued that the allegations were predominantly against the complainant's husband and his family, with minimal accusations against Thakur. The complainant herself did not oppose the quashing of the FIR against Thakur, acknowledging her minor status and the fact that she was also enduring the trauma of losing her father during that period.
Justice Digpaul emphasized the importance of tackling dowry harassment and cruelty in marriages but cautioned against implicating individuals based on distant associations. The judgment drew on precedents set by the Supreme Court, which has consistently discouraged the inclusion of distant relatives in matrimonial disputes, as seen in cases like Rajesh Chaddha v. State of U.P and Dara Lakshmi Narayana v. State of Telangana.
Acknowledging the lack of objection from the complainant, Thakur's age, the context of her alleged involvement, and the absence of significant allegations, the court deemed it appropriate to quash the FIR against her. Consequently, all proceedings emanating from the FIR concerning Thakur were annulled.
This judgment underscores the judiciary's balanced approach in matrimonial disputes, ensuring that justice is served without unjustly penalizing those peripherally involved.
Bottom Line:
FIR under Sections 498A/406/34 IPC quashed against petitioner who was a minor at the time of the alleged incident and had no significant allegations against her.
Statutory provision(s): Sections 498A, 406, 34 of the Indian Penal Code, 1860
Harsheeta Thakur v. State Govt. of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2786176
