While noting that the compromise culture between contesting parties has become rampant, the Allahabad High Court observed that a deceased person’s life is not so cheap that it could be negotiated between two individuals.
The observations above were made when the Court was hearing a bail application filed by a person accused of offences u/s 498A, 304B, 120B of IPC and u/s ¾ of the Dowry Prohibition Act.
The case relates to the death of a woman who lost her life within one and a half months at her marital home.
An FIR was registered against the husband and his family members through a complaint filed by the deceased’s mother. The mother alleged that her son in law and his family were demanding a gold chain and a motorcycle, but as her family did not fulfil the demand, they killed her daughter on 17.07.20219.
However, during the hearing, counsel for the husband-accused informed the Court that the deceased’s father has accepted two lakhs and has exonerated the accused persons from the allegations made against them.
Hon’ble Court expressed its displeasure and remarked that it was nothing but a compromise between contesting parties, and the law courts cannot be made a party to such compromises.
The Court further opined that the police should look into the offence(dowry death) and if false evidence was tendered by the parties in the interest of justice.
Court also issued notice u/s 304 CrPC to the informant(mother of the deceased) to appear in person or through her lawyer and explain why action should not be taken against her by the Court.
Lastly, the Court stated that the informant should submit her reply on or before 20.02.2021 and listed the matter for further hearing on 24.02.2021.
Title: Ritesh Chauhan v. the State of UP.
Case No.: Criminal Misc. Bail Application No. – 32538 of 2020
Date of Order: 18.01.2021
Coram: Hon’ble Justice Rahul Chaturvedi