Crl. Misc. No.M-19939 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: July 5, 2011 1. Crl. Misc. No. M-19939 of 2008 Rajesh Sharma …..Petitioner Vs. State of Punjab and another …..Respondents 2. Crl. Misc. No. M-19941 of 2008 Pawan Kumar and another …..Petitioners Vs. State of Punjab and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Arun Takhi, Advocate for the petitioners. Mr.K.S.Sidhu, DAG, Punjab. Mr.Vineet Soni, Advocate for respondent No.2. Crl. Misc. No.M-19939 of 2008 [2] -.- M.M.S. BEDI, J. (ORAL) This order will dispose of two petitions one filed by Rajesh Sharma, the brother-in-law of complainant Lovely (bearing Crl. Misc. No.19939 of 2008) and another filed by Pawan Kumar and Krishna Sharma, father-in -law and mother-in-law of complainant-respondent No.2. Since similar question of fact and law is involved and the same FIR is sought to be quashed in both the petitions, both have been taken up together. Petitioners seek quashing of FIR No.112 dated June 9, 2007 under Sections 406, 498A IPC, registered at Police Station City Mansa District Mansa. Respondent No.2 had filed a complaint to SSP, Mansa, on the basis of which the FIR was registered. The contents of the complaint are reproduced as follows:-- “To the SSP, Mansa, Subject: Complaint against 1) Sanjeev Kumar alias Bobi S/o Pawan Kumar Sharma, 2) Pawan Kumar Sharma, father of Sanjeev Kumar Sharma, 3) Krishna Devi mother of Sanjeev Kumar Sharma, residents of HL-162, Phase 2, Mohali, 4) Rajesh Kumar brother of Sanjeev Kumar Sharma, R/o House No.3267/2, Sector 41-D, Chandigarh regarding registration of a case for misappropriating the dowry articles and for throwing out of the house after beating in the greed of dowry. Sir, I humbly submit to you the following that I was married to Sanjeev Kumar Sharma Crl. Misc. No.M-19939 of 2008 [3] on dated 17.7.1999 in Madhur Marriage Palace as per Hindu Rites. In this marriage, my parents spent 8 lacs rupees more than their capacity on the demand of my in- laws. In which 25 tolas Gold, one tola ring to father-in- law, 2 tola topas to mother-in-law, one gold ring to brother-in-law (Jeth), 2 tolas topas for sister-in-law (jethani), 7 tolas necklace set for me, 4 bangles of 5 tolas, 3 tolas kara and 2 tolas chain and 2 tolas ring were given to my husband, the cost of which comes to rupees 1.50 lacs. The furniture, double bed, sofa set, dining table, dressing table, T.V. trolley, side table, Iron boxes, mixy, press, utensils, Godrej Almirah, attachy of VIP company, sewing machine, drink maker costing Rs.1.00 lacs were given. In addition to this, a Godrej Refrigerator for Rs.7800/- and Samsung coloured T.V. of Rs.14,900/-, Cooler of plastic body for Rs.9000/-, Whirlpool Washing machine for Rs.6500/-, were given. Rs.1.50 lacs were spent at Madhur Marriage Palace on the reception of Barat, food etc. Rupees two lacs were given in cash for purchasing a Car, this money was given by my father to my father-in-law and mother-in-law. A few days before my marriage Ring Ceremony was solemnized in Pankaj Hotel at Chandigarh in which my father spend Rs.22,000/- as expenditure of Hotel, Crl. Misc. No.M-19939 of 2008 [4] Rs.10,000/- on sweets, fruits, dry fruits etc. Rs.31000/- in cash were given to Sanjeev Kumar, in addition to this Rs.15000/- were spent on Joharian. On the date of marriage, the above articles were given to me in the shape of istri dhan. Except the clothes which were worn by me, all the jewellary having put in a box was handed over to my mother-in-law. Complete furniture, Peti, Almirah and other domestic items were handed over to my father-in-law Pawan Kumar and brother-in-law (Jeth) Rajesh Kumar. Rest all the clothes after putting in the attachy were handed over to my mother-in-law. All these articles were for my use. 2) That the above accused were very greedy persons and after few days of the marriage they started harassing me for bringing less dowry. The accused continuously kept on beating me and I was mentally tortured. Inasmuch as I had to remain hungry. My father-in-law generally used to harass me after drinking, for the first time when I was having five months old pregnancy then they harassed me so much that my child was miscarried. Before the birth of my second child I used to be beaten. My mother-in-law twice left the gas hearth open and tried to burn me. But with the sake of God she could not succeed in doing so. Sanjeev Kumar used to give me fist blow in my stomach. Crl. Misc. No.M-19939 of 2008 [5] In this condition, I had to stay for two months in PGI Hospital at Chandigarh where my mother and father looked after me. After the birth of my child after being discharged when I went to my in-laws house with my parents then my parents were given very bad treatment. Due to this, I came back and after coming back me and my child was not given property diet. Though both of use requiring the same badly. But in the contrary, before the opening of my stitches I used to be compelled to wash the clothes and to mop the floor, to work in the kitchen and to put the clothes for drying on the third floor. In case I used not to do so then the accused would beat me. Inasmuch as I was thrown out of the house after beating me and many times I spent long time at my parents place. On the asking of Panchayat after conniving with each other Sanjeev Kumar started living separately in a rented house. But all my Istri Dhan except the clothes worn by me were kept there only. My problems could not be sorted out in the rented house. Sanjeev Kumar used not to come for many days in the house and nor he used to talk to me. Inspite of my asking him repeatedly he would not bring any item. Inasmuch as if I had to say some things, that had to be conveyed after writing on the Slate. My child and me Crl. Misc. No.M-19939 of 2008 [6] used not to be given anything for eating and nor the clothes were got stitched at any time. No admission fee was deposited for admitting the child in the school and nor the books were brought. In order to protect my prestige and compulsion, my parents have been doing all the expenditure. Now when my parents have become unable to pay the money then after the marriage 5-6 times relatives gave Rs.20-20, 30-30 thousands turn by turn. The demand of Rs.2 lacs more raised by these greedy persons was also met with. After 1 ½ years of marriage on the birth of child my mother-in-law was given gold chain and silver utensils. On this ceremony about Rs.50000/- were spent. Ultimately about 12 days before, my father alongwith Pardhan of our community Kulwant Rai Sharma, Brahman Sabha Mansa, Ram Chand Sharma my uncle (Chacha) and R.K.Sharma, uncle (fufa) from Ludhiana went to the above accused and they tried to make them understand. But they did not listen to us and lastly on dated 10.4.2007 I was thrown out of the rented house after beating me in empty handed. My complete Istri Dhan was taken in their possession. On my asking repeatedly they did not return. The accused would misbehave with me for the reason that they were asking my father to buy a flat for Rs.5 lacs Crl. Misc. No.M-19939 of 2008 [7] and give it to them. But my father was unable to give such a huge amount. The accused have thrown me out of the house due to the dowry. It is requested that after registration of case under Section 406, 498-A, 34 IPC of the Indian Penal Code, legal action may be taken against the above accused whose names have been mentioned in the subject and just may be got to me. I shall be grateful to you. Yours faithfully, Sd/- Lovely alias Manisha Sharma, W/o Sanjeev Sharma, alias Bobi D/o Gopi Chand Sharma, near Vidya Bharati School, Jagdamba Road Mansa, 9217925458 dated 17.4.2007.” A perusal of the abovesaid FIR indicates that there are specific allegations against Rajesh Sharma, the brother-in-law of the complainant that he connived with his brother-Sanjeev Kumar to maltreat the complainant. No doubt, there are allegations that the complainant started living with Sanjeev Kumar separately but there are specific allegations that the dowry articles and other clothes were handed over to the father-in-law and mother-in-law. Jewellery articles were handed over to the mother-in- law. It is not a case which would fall within the parameters of State of Haryana Vs. Bhajan Lal, AIR 2004 SC 604. It is not out of place to mention here that during the pendency of the proceedings, the husband and wife made statement before the Court that they had started living together for some period but it is apparent that ultimately the matter could not be compromised. The matter had also been sent to the Mediation and Crl. Misc. No.M-19939 of 2008 [8] Conciliation Centre. Report of the Mediator dated February 3, 2010 indicates that both the parties could not reach at any amicable settlement despite best efforts of all the relatives. In view of the above and taking into consideration the specific allegations against the petitioners, no ground is made out for quashing of the FIR. Petitions are dismissed. This order will not, in any manner, prejudice the rights of the parties to seek quashing of the FIR in case the matter is amicably compromised. July 5, 2011 (M.M.S.BEDI) sanjay JUDGE