Mr. Raj Kumar Khanna, a practicing lawyer of this Court has sought for the quashing of the FIR No. 146/99 registered at Police Station Naraina, under Section 498A/406/34 Indian Penal Code (In short IPC) against him and his family members at the instance of his daughter-in-law Ms. Inderjit Kaur Sidhu, respondent No. 5 another practicing lawyer of this Court.2. Son of the petitioner Manoj Kumar is also a practicing lawyer of this Court.He got married to Inderjit Kaur Sidhu on 22nd September, 1996 according to Hindu rites at Gurudwara in Sarojini Nagar, New Delhi.After the marriage the newly married couple started living with the petitioner in his apartment.Relations between newly married couple became strained.According to petitioner, respondent No. 5 did not subscribe to the view points and values of petitioner and his family.She was adamant and not interested to live with her husband in the family of her husband.It is further averred that respondent No. 5 on becoming aware of Manoj Kumar's filing of a petition of divorce, fabricated a complaint not only against her husband, but implicated all family members of the petitioner with oblique motives and as a retaliation to the divorce proceedings initiated by Manoj Kumar.Respondent No. 5 filed a well thought out complaint so that all members of petitioner's family could be implicated.The said complaint was registered on 9th July, 1999 itself under Section 498A/406/34 IPC at Police Station Naraina.At that time the petitioner was about to leave his house in order to attend his cases in the High Court.Entire house of the petitioner was ransacked, every article stored in trunks and/or in wooden diwans and almirahs were pulled out.Each and every drawer and filing rack of his office was ransacked.it was procured to falsely implicate the petitioner and his family.My mother-in-law at that time quietly took over the money, but moment they left all of them punched on me with the same taunts and also my father-in-law and my husband gave me beating with sticks.I had no option at that moment but to be quite and suffered silently and also did not tell anybody about the same since I wanted to save my marriage and probably thought that one day they will realize their mistake.On 13th January' 97 my mother-in-law in the night told me that since tomorrow is an auspicious day i.e. 14th January, I will remove your Chudda, ask your father to send same gifts and cloths for her.But I could not inform my father, so next morning I myself went to market and bought a suit for her along with certain Puja items and sweets but she didn't like them and started abusing me and my parents for not giving her anything.As a mark of respect I used to hand over all the items and gifts to my mother-in-law i.e. jewellery.Sarees and were being kept with my mother-in-law.In fact he was so unfair and cruel in making statements like if you meant to be happy in this house you earn about Rs. 20,000/- to Rs. 25,000/- a month an give it to them.Nobody would dare to say anything to you.He further used to give me example of his cousins who were married into rich families and he used to tell me that their wives are earning Rs. 30,000/-, 40,000/- per month and nobody dares to say anything to them and at the time of monetary needs their in-laws always help them, but look at your parents, they have not given anything to make you happy.My father-in-law and on different occasions my mother-in-law and my husband used to tell me that my parents should sell of their immovable properties lying useless at my native place and should arrange to buy a flat for them in a good locality in Delhi.To save my matrimonial life I continued suffer silently and did not raise my voice and tried to adjust to the maximum.However they did nt mend their ways and continued to torture me in different ways including the way mentioned above.Because of this torture and the cruel behavior of my husband, brother-in-laws, and mother-in-law and father-in-law I suffered great physical and mental pain and agony.In the morning my husband and my brother-in-law had a fight for some reason and my husband became furious and asked me to leave the place along with him.I did same when my husband asked for the car keys from my brother-in-law & my brother-in-law and my mother-in-law told my husband in front of me "Iske baap ki gaadi nahin hai, gadi mein ghumna hai to Iske baap ko bol kam se kam thodi sharm kar le aur apni beti aur damad ke liye ek car to kharid de, itni hasiyat to hai uski." That day I came back with my husband in scorching heat.My husband then dragged me to my room and locked me inside my room, luckily the phone was in my room and I immediately called my father and asked him to come as soon as possible, Since I could not bear the humiliation and injuries I could hear outside the room filthiest abuses and languages being said by my mother-in-law an brother-in-law. "YEH DO TAKE KI AURAT APNE APP KO KYA SAMAJHATI HAI, IS KE BAAP NE KYA DIYA HAI, JO ISSE APNE GHAR MEIN RAKHE JO ISKE PAAS THA, WOH TO MIL GYA AB KYA RAKHA HAI IS MEIN DAFA KARO YAHAN SE." I immediately phoned my father and asked him to come home directly.I through all quarters kept on making efforts and always hoped that some sense would prevail over them but thing went bad to worse.I may also inform your goodself that my relatives namely Mr. Ranjeet Brar, Mr. Joginder Mann, Mr. Gurdev Brar, My father and My younger brother and common friends namely Mrs. Anusuya Salwan etc. had made efforts to reconcile the issue but due to the greedy nature of the accused persons and their lust for dowry they had refused for any settlement.That recently I have started receiving threatening telephonic calls from my in-laws or at their behest that in case I do not accept their illegal and unjustified demands me and my family will have to face dire consequences.Now I am left with no option but to lodge this complaint and I request your goodself to kindly book the accused persons and take appropriate actions by registering a case against Mr. Manoj Khanna, Mr. Raj Kumar Khanna, Rohit Khanna and Mrs. Nirmal Khanna for causing physical and mental torture for demanding dowry and for not returning my Shri Dhan and refusing to maintain me.JUDGMENT Usha Mehra, J.She left the matrimonial home on 5th September, 1997 informing her husband that she would never come back.Son of the petitioner filed a petition for divorce.Summon on that petition was ordered to be issued.Ms. Inderjit Kaur removed the sarees and gold jewellery of petitioner's wife claiming those to be hers.Police accordingly seized even the articles belonging to petitioner's wife.Inderjit Kaur not only got seized sarees and gold ornaments but removed letters, greeting cards which she had written to her husband during the period she stayed away from her husband.Those letters, greeting cards when produce would show that she was all complements for petitioner and his wife.Protest was raised by the petitioner and his wife than the articles like letters, photos, diary and greeting cards could not form "Stridhan" hence these could not be seized.But police in particular respondent No. 4 in connivance with respondent No. 5 brushed aside the protests of the petitioner.Illegally and forcibly police permitted respondent No. 5 remove those letters, greeting cards, diary and photographs.Petitioner insisted signing the seizure memo.Respondent No. 4 forced by petitioner allowed him to counter sign the letters, greeting cards, photos and the diary.Seizure memo was prepared at the spot.Thereafter the petitioner and his wife were arrested.However, bail was granted to them subsequently.The police authorities acted on extraneous consideration and in a hurry without verifying the facts in raiding his house.Mr. D.C. Mathur, Senior Advocate, appearing for the petitioner has sought quashing of FIR on the following grounds:- (1) that the procedure adopted by SI Nirmal Sharma was extraordinary.It is contrary to the well regulated procedure followed by the police in other similarly situated case; (2) that the allegations levelled against the petitioner do not make out any case either under Section 406 IPC or under Section 498-A IPC; (3) The complaint dated 9th July, 1999 was lodged at the instance of respondent No. 5 after two years of her leaving the matrimonial home.It is a meticulously executed legally drafted document and well thought out comprehensive complaint.This smacks of malafide on the part of the investigating officer who in connivance with connivance with respondent No. 5 falsely implicated each and every member of petitioner's family.Complaint was lodged by respondent No. 5 with the Deputy Commissioner of Police (South-West District) Delhi on 9th July, 1999 and at a super speed the FIR bearing No. 146/99 was ordered to be registered at Police Station Naraina against the petitioner and his family members.The speed at which the FIR was got registered shows malafide on the part of police officials.In the normal course the complaint ought to have been endorsed by SHO Police Station Naraina and then forwarded it to Crime Against Women Cell.Since there was a connivance between respondent No. 2 i.e. Dy.The proceedings taken up by the Crime Against Women Cell are mainly directed to bring about a reconciliation between the strained spouses.It is always kept in mind that the petitioner-wife should not drag the husband-respondent straight to the Court, lest the relations between the couple become more strained.663/1995 wherein he has stated as under:-"The proceedings by the Crime Against Women Cell are in the nature of enquiry to find out the truth as to the allegations made in the complaint before registering a case.For example it becomes necessary to ascertain the factum of marriage, even and also the allegations of cruelty and Stridhan."But police contrary to its own affidavit as referred to above acted just in the reverse.It did not bother to verify the facts nor bothered to call the parties for reconciliation.Instead police in a hurry registered the case in super speed.Commissioner of Public could have verified the complaint as per the requirements as spell out in the affidavit of Dy.Commissioner of Police (Hqrs.).Nothing has been placed on record to show what was the grave urgency in registering the case without holding preliminary inquiry particularly when the complainant herself conveniently slept over the matter for almost two years.This shows malafide on the part of the police who in connivance with respondent No. 5 wanted to harass the petitioner and his family and also wanted to destroy the evidence against her.No attempt was made to resolve the difference between Manoj Kumar and respondent No. 5 nor efforts were made to bring about amicable settlement for which purpose Crime Against Women Cell was created.This cell is meant to safeguard the marriage and not to ruin it by registering case immediately on the asking of the complainant.As per her own showing she continued to keep channel of communication open with her husband even after leaving the matrimonial home.But when the petitioner's son filed divorce petition on 26th May, 1999 as a retaliation she lodged the present complaint in order to wreck vengeance.There was no question of petitioner voluntarily handing over these documents.Police is trying to cover up its misdeeds.Even otherwise respondent No. 5 has made general allegations against the petitioner ascribing no specific role to him.The allegations made being omnibus allegations can be read to his advantage.Complainant has named each and every member of the family just as a pressure tactics.To Deputy Commissioner of Police, South West District, Vasant Vihar, New Delhi Complaint AgainstMy mother-in-law and relatives from husband's side gave me few items as gifts, the details of which is also enclosed as Annexure 'B'.Shockingly just within few days of my marriage, my husband, his brother and his parents all of them started taunting me for not bringing sufficient dowry as per their standard and expectations.My mother-in-law used to taunt me and use to say "that me and my family have fooled them and has played fraud on them since I had not brought enough dowry and said that since she belongs to Amritser and has known the Jat community very well and they are known for giving lot of dowry on their daughters wedding, but in my son's case you people had played fraud on us.My son used to get lot of proposals of rich girls." She used to use the filthiest abuses for me like "KUTTI, HARAMZADI, KAMINI, HAMARE PALLE PAD GAI HAI, HAMARE SATH DHOKHA HUA HAI, ASSEE TE SOCHYA SI KI JATTAN VICH BAHUT KUCHH DITA JANDA HAI."All of them in fact used to use abusive and filthiest of language to taunt me and harass me.On 23.9.96 I went back to my parents house along with my husband for Pheras and my parents gave me sweets and gifts for my in-laws (as stated in the Annexure-A).On my return to the house some of the relatives from in-laws side were also present in the house and when I showed the gifts and sweets to them, they made fun of me and taunted me along with my mother-in-law and brother-in-law that they are not happy with what I have got and said that all these things even a Peon can give to his daughter and look at your standard.My agony continued with each occasion which followed month after month.On Karva Chauth i.e. 22.10.96 my father along with one of his cousin came to my house with lot of gifts, cloths, sweets and utensils as per the custom for my mother-in-law, brother-in-law, husband and father-in-law.My mother-in-law also demanded that as per this custom gold is to be given on this occasion, but your parents have not given anything and I was aghast and shocked with their behavior and tried to ask my husband as to what is wrong in the gifts which have been given.Instead of replying he slapped me and I had no option but to suffer and sulk within myself which resulted in lot of mental trauma and physical tension which effected my health.On the Diwali day i.e. 10.11.96 again my parents Along with my relatives came to our house with lot of gifts and sweets and my in-laws instead of welcoming them were rude and dry to them.After they left once again my brother-in-law Along with my mother-in-law showered the filthiest abuses and taunts and also did not give any food to me to eat on that day.On the next morning my mother-in-law gave stale food for me to eat.My father-in-law and husband also taunted me and said that I am a liability on them as there are no gains from me to them.Certain cloths of my daily use were with me and were Along with some piece of jewellery like 2 pairs of gold earrings and 2 rings for my daily use, but the keys of the almirah were always with my husband.It is worth mentioning here that the items like tape recorder, transistor, emergency light, certain sarees, 6 bed sheets, certain crockery items which were given to me on different occasions by my parents were handed over to my brother-in-law by me on instructions of my mother-in-law as she told me that these items will berequired at the time of the brother-in-law as she told me that these items will be required at the time of the brother-in-law's marriage.My in-laws and my brother not only used to taunt me but all of them use to beat me on one pretext or the other.I was not allowed to touch anything of the house and also even if there were any phone calls for me which I used to attend, my brother-in-law in the filthiest language to use tell me "PHONE TERE BAAP KA NAHIN HAI, BILL TERE BAAP KE GHAR SE NAHIN JATA, JO PHONE use KARTI HIA." He further started insulting everyone, who so ever use to call me like my friends, relatives and including my parents.My brother-in-law was so cruel and a rowdy character that he is fact used to beat me with belt and a stick lying in the house.On my complaint my husband used to tell me that since I was not earning enough of money so therefore these problems would continue.So much so that on number of occasions I had nervous breakdown and the Doctors attending to me categtorrically diagnosed that my indisposition was mainly became of mental tension.Apart from this on more than once occasion I suffered physical injury in my body on more than one occasions as mentioned above.My brother-in-law, mother-in-law, also started taunting and insulting me at the relatives places whenever I used to go there with them and used to make fun of me.In the month of June' 97 on once such occasion me my husband my mother-in-law and brother-in-law went to reside for a day at one of the relative in Faridabad.Since we had to walk for about two kilometres to catch the bus for Delhi, I suffered from severe sunstroke and no body took care of me.On 5.9.1997 it was a usual morning in the house as usual there was a fight between my husband and my father-in-law which I have seen right from the day one of my entering the house with regard to some joint property money.I told my husband that why he is fighting for money with his father, he should stand on his own feet.To this my husband told me that I will be like this only if you don't like you can leave this house and slapped a newspaper on my face.I was slightly agitated on this and proved my father and asked him to come to the Court as I was wanted to tell him some thing since things were unbearable for me.I came outside the room and my mother-law-law started abusing me for nothing.To which I told that you are the one who has created all the problems because of her greediness of money.Moment I said this my brother-in-law started hitting me on my head with a belt in his hand and seeing my father-in-law and my husband silently watching this later on also joined my brother-in-law and also started hitting me with blows and legs.My father reached in 40 minutes.My husband in the meantime and opened the door and pushed me outside the house so I sat in the neighbours house.When I saw my father climbing up I called him and told him about the incidents and my father told me not to worry and pacified me and told me that he will talk to them.My brother-in-law had already left the house.My father-in-law and my husband apologised to my father for their act and requested him that you take her back for few days and my husband said that he would pick me up after 3-4 days.Despite their tortures and the cruel behavior I did not inform to anybody about this incident except my father for the sake of saving my marriage.However, I continued my efforts to talk my husband after this.But he always deferred the issue on one pretest or the other.Of late he even started saying that "I was their with him only on a trial basis since the trial period is over the file must be consigned to record room." My husband always used to boost about his contacts in judiciary and other circles and used to say that nobody can do any harm to him, no matter what may come he will never continued this relationship.During my stay with my parents number of time I demanded my Shri Dhan from my husband, his brother and parents, but all of them point blank refused to return the same which was kept with them.All of them on different occasion had a strange demand that I should agree for divorce on mutual consent so that my husband could be remarried to a rich family, according to them there were lot of such offers, even after my marriage to him and my mother-in-law also told me that girls are available in plenty of numbers there is no dearth of girls for his boy.They can choose and get anything they want among the girls an there was no need of yours.She use to say "KUDIYAN DA KOI GHATA NAHIN, BATHERIAN MILDIYAN NE".On number of occasions I told my husband in the court premises that since I was not having sufficient income to support myself, so therefore he should pay me at least my pocket expenses and day to day expenses to maintain myself, but he always refused to do so.New Delhi Dated: ; 9-7-99 Complainant Inderjeet Sidhu d/o Sh.Though the complaint was not paragraphed but for the sake of convenience it has been paragraphed and numbered.Except the allegation in para 9 she has not attributed any cruelty against the petitioner linking with any kind of demand.In para 11 she says she left the house on 5th September, 1997 because of he fight had nothing to do with her.Reading of para 11 shows that petitioner has not been accused of any cruelty rather as per her own showing, the petitioner apologised to her father who came to take her.She left the matrimonial home on 5th September, 1997 and after almost two years she lodged the complaint on 9th July, 1999 involving all the members of her husband's family.

Cited provisions: Section 498A in The Indian Penal Code; Section 406 in The Indian Penal Code; Section 155 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 324 in The Indian Penal Code; Section 156 in The Indian Penal Code; Section 306 in The Indian Penal Code; Section 304B in The Indian Penal Code