Crl.Misc.No.M- 3537 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.No.M- 3537 of 2010 (O&M) Date of decision: 29.8.2011 Krishan Kumar Syal and another ......Petitioners Versus State of Haryana and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Vikram Chaudhary, Advocate, for the petitioner. Mr.Amandeep Singh, AAG, Haryana. Mr. Vipin Mahajan, Advocate for respondent No.2. **** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.409 dated 25.10.2006 (Annexure P-19) under Sections 498-A, 406, 323, 506 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Sector 5, Panchkula and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that the petitioners are old parents of Ravi Syal, husband of respondent Crl.Misc.No.M- 3537 of 2010 (O&M) 2 No.2. The petitioners have been falsely involved in this case. Respondent No.2 had earlier moved a complaint before the police in Chandigarh and the allegations levelled by her were found to be false. However, during the pendency of the said complaint, respondent No.2 also approached the Magistrate in Panchkula and the Magistrate under Section 156 (3) Cr.P.C. ordered that FIR be registered against the accused. It was brought to the notice of the Magistrate at Panchkula that respondent No.2 had moved various complaints to different forums but despite the said fact, challan had been presented against the petitioners. Chandigarh police had recommended initiation of proceedings under Section 182 IPC against respondent No.2. Learned State counsel as well as learned counsel for respondent No.2, on the other hand, have submitted that the serious allegations were levelled against the petitioners. Charge had been framed against the petitioners by the trial Court. Now the case was pending before the trial Court for recording of the evidence of the prosecution. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. The contents of the FIR (Annexure P-19) reads as under:- “1. That the petitioner Archana Syal was married with accused No.1 according to Hindu rites and ceremonies in the presence of relatives and friends of both the parties on 18.6.1991. 2. That the parents and relatives of petitioner had spent huge amount of the marriage of their daughter and also they had entrusted various dowry Crl.Misc.No.M- 3537 of 2010 (O&M) 3 articles and gifts to the accused persons. 3. That out of the wedlock of petitioner and accused No.1 there are two children namely Aditya and Rohan. First child was born on 27.7.1998. 4. That since the day of marriage, the family members of the accused No.1 was not satisfied with the dowry articles and time to time they never misused the chance of taunting and passing remarks to the petitioner on one pretext or the other. 5. That the accused No.1 is doing his business of software in cabin No.33 SCO No.290 Sector 19, Chandigarh and is a money minded and selfish person. 6. That after solemnization of marriage the parties to the marriage lived at Ambala, but ultimately flat No.GH-20, M.D.C. Sector 5, Panchkula was purchased by accused No.1 in September 2004 and the petitioner had contributed approximately ` 5,00,000/- by taking help from her parents . 7. That at the time of purchasing the aforesaid flat the accused No.1 to 3 were facing financial crises the accused No.1 tortured physically and mentally to the petitioner with a view to pursue her parents to give money for the purchasing of flat. On several occasions upon the persuasion of accused No.2 and 3, the accused No.1 had beaten the petitioner mercilessly and used abusive and filthy language against her and her parents. The cruelty has increased to a great extent against the petitioner on the part of the accused persons. 8. That the greediness of the accused No.1 to 3 has been increased like Crl.Misc.No.M- 3537 of 2010 (O&M) 4 anything when the parents of the petitioner had helped them to the tune of ` 5,00,000/- in purchasing the flat. 9. That the accused No.1 to 3 have created a miserable and intolerable situation. The accused No.4 keeps on instigation the accused no.1 to 3 persons on telephone for getting huge amount from the parents of the petitioner. That the accused No.1 is a desperate type of person and he is also habitual drunkard. Moreover, he is having extra marital affairs with a girl namely Sushma, resident of Chandigarh. On dated 26.7.2006, on the occasion of birth day of younger son the petitioner along with accused No1. had gone to the market of Sector 7, Panchkula, suddenly accused No.1 stepped out of the shop and in a lonely place started talking to a lady. Upon reaching the spot, the petitioner gave a slap to that lady as the petitioner was aware of the affairs of her husband with the lady. 11. That accused No.1 mercilessly beaten up the petitioner in the market of sector 7, Panchkula and created a scene there. Upon reaching the house, the petitioner was again mercilessly beaten with fist blows and kicks by all the accused No.1 to 3 and she was thrown out of the house with children. 12. That the petitioner contacted her parents on telephone and mobile phone with half an hour. The parents and brother of the petitioner reached the spot and enquired about the incident. The accused No.1 to 3 did not allow them to enter upon the house. 13. That all the dowry articles Crl.Misc.No.M- 3537 of 2010 (O&M) 5 including jewellery as per list attached with the complaint, are in the possession of the accsued No.1 to 3 have been misappropriated by them. 14. That the matter was reported to the police of Police Post Mansa Devi, but the accused persons are high headed persons and the police has not registered my case against the accused persons. Hence, this petition. 15. That the parties to the petition/complaint had lastly resided together at Mansa Devi Complex, Sector 5, Panchkula which is within the jurisdiction of this Hon'ble Court and continuous acts of cruelty and demand were also committed at Panchkula which is well within the territorial jurisdiction of this Hon'ble Court and this Hon'ble Court has got the jurisdiction to entertain, try and adjudicate the present petition. Hence, this petition. It is, therefore, respectfully prayed that present petition/ complaint under Section 156 (3) Cr.P.C. may kindly be sent to the SHO Police Station Sector 5, Panchkula for registration of case under Section 406, 498-A IPC with further directions to conduct sincere investigation in the case.” A perusal of the FIR reveals that the serious allegations have been levelled against the petitioners. The FIR in question was duly inquired into by the Investigating agency and thereafter, the challan was presented against the accused on 18.1.2007. Charges have already been framed against the petitioners and the other accused and now the case is pending before the trial Court for prosecution evidence. Admittedly, the Chandigarh police initiated Crl.Misc.No.M- 3537 of 2010 (O&M) 6 proceedings under Section 182 IPC against respondent No.2 as the allegations levelled by her were found to be false in the year 2007. Learned counsel for respondent No.2, during the course of arguments, has submitted that respondent No.2 has since been acquitted in the said proceedings. The FIR in question was lodged in October 2006. Apparently, respondent No.2 approached the police at Chandigarh in August, 2006 and thereafter, approached the Magistrate at Panchkula under Section 156 (3) Cr.P.C. as no action was being taken on her complaint by the Chandigarh police. The petitioners would be at liberty to take all the pleas available to them during trial. At this stage, it would not be just and expedient to quash the FIR in question. Accordingly, this petition is dismissed. (SABINA) JUDGE August 29, 2011 anita