Crl.Misc.No.M- 13169 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.No.M- 13169 of 2009 Date of decision: 18.8.2010 Brij Lal and another ......Petitioners Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.J.S.Brar, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.Yogesh Goel, Advocate, for respondent No.2. **** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No.396 dated 10.12.2007 (Annexure P-1), under Sections 406/ 498-A/ 506 of the Indian Penal Code (IPC for short), registered at Police Station Kharar District SAS Nagar and subsequent proceedings arising therefrom . Crl.Misc.No.M- 13169 of 2009 2 The contents of the FIR (Annexures P-1) read as under:- “To, SSP Sahib, District SAS Nagar, Subject: For causing mental torture and harassment by giving beatings for demand of more dowry after marriage and to take appropriate legal action against the in laws family. Sir, it is requested that I was married as per Hindu rites on 25.1.1998 with Sh.Vivek Kumar son of Sh.Brij Lal Dhada resident of H.No.3037/A, Sector 39-D, Chandigarh. Prior to the marriage on 14.12.1997 at the time of my ring ceremony, Vivek Kumar husband, Birj Lal, father-in-law, Veena, mother-in-law, Seema and Ekta sisters-in-law and 35 other relatives had arrived. On this occasion, my parents gave one gold bangle and one ring weighing about 32 gm, one woolen suit and Rs.5100/- as Shagan to Sh.Vivek Kumar. One suit and Rs.2100/- was given each to my mother-in-law and father-in-law. Both the sisters-in-law and one brother in law Sh.Sanjeev Kumar, grandfather and grandmother were handed over one suit and Rs.1100/- each as shagan and to all the remaining relatives Rs.251 each along with sweet boxes were given. Being the only son and to enhance their grace Rs.75,000/- were spent on this ceremony. My father by going out of his reach by spending all the amount of retirement and by borrowing some amount from the Crl.Misc.No.M- 13169 of 2009 3 relatives spent about Rs. 3 lacs on my marriage. Out of this my mother in law, father in law, husband and to the other relatives were given gold ornaments along with furniture and other goods of household use in the presence of respectable persons and persons of brotherhood. After some days of the marriage, my husband, mother in law, father in law and younger sister in law Seema taunted me that I have brought less dowry as compared to their neighbourers and instigated my husband against me and said that in the dowry of the neighbourers a Zen car has been given. On Sunday dated 19.4.1998, Ekta my sister in law and Sanjeev Kumar brother in law had come and I told as to my harassment for dowry to my brother in law at the time of preparing the meals in the kitchen. On this, the younger sister in law caught hold me from my arms, mother in law caught me by the hair and sister in law Ekta gave leg blows in my abdomen. Being pregnant miscarriage was caused due to this and I got treatment from PGI, Chandigarh and narrated the whole incident to my parents. At this , repsectable persons intervened and they left after advising my husband and mother in law. After keeping the ambiance congenial, I again conceived. Attempt to kill the fetus in the womb was made two three Crl.Misc.No.M- 13169 of 2009 4 times by his husband and younger sister in law. To save the child I left for my paternal house at Samrala. Then my husband apologized his mistake and brought me back to my in laws house. Then again they taunted me for dowry and my parents again took me back to my paternal house. Due to tension in my mind, I remained admitted for 14 days in the PGI. On considering my condition, DNS Madam Saroj Gill got the matter compromised and sent me to my in-laws house and again they threatened me to eliminate and I used to inform my parents. Again on 22.3.1999, I gave birth to my daughter at PGI. This caused dismay in my in-laws house. After delivery period, I returned to my in-laws house by bring Shushak goods of Rs.40,000/- from my parental house, then my husband, Bhua Sass Saroj, mother in law put a proposal for purchasing a plot in the vicinity of Chandigarh for the opening of a nursing home. I made to understand my husband but Bhua Sass Saroj and Fuffar father-in-law late Sh.Kewal Kumar (PA to Minister Jagdish Singh Garcha) by instigating my in-laws family got me harassed publicly and advised to disown my husband. On the night of 1.5.2000, a dispute arose as per planned scheme of my husband, mother in law, father in law, sisters in law, Sanjeev Kumar brother in law, Saroj Bhua mother in law Crl.Misc.No.M- 13169 of 2009 5 and late Sh.Kewal Kumar Fuffar father-in-law for purchasing a plot for the nursing home. On my saying that I am handing over all my salary to you, then my mother in law and sister in law Seema caught hold me by my arms and my husband gave me beatings. At the time of beating, by putting a cloth in my mouth, by shutting the doors and they toned up the volume of TV and deck. I by consenting for plot saved my life from these tyrants. On the morning of 2.5.2000 at the time of leaving for my duty, my husband by pressing my throat threatened me not to disclose the incident of night and threatened to kill me. By seeing my condition on the duty, the doctor sahib in the emergency considering it a case of assault issued MLC. Then my husband and Bhua mother in law by tendering apologize to DNS Madam, took me to their house. By hearing the talks about dowry from Bhua, fuffar and all the family, I awakened the whole night. On 3.5.2000, they snatched my daughter from me in the morning and I succeeded in escaping in night suit from the clutches of these persons. By reaching PGI, I made a telaphonic call to Samrala. My brother, mother, father came to me. My brother gave a shock to my mother in law and Bhua sass of taking me to my parental house. Since 16.5.2000, I started living at PGI hostel. At 5-10 Crl.Misc.No.M- 13169 of 2009 6 p.m. on 20.7.2000 at the time of duty, my husband and Bhua sass tried to slap me and said that your parents have failed to arrange Rs. 1 lac for the registry of plot. As per DDR No.16 dated 20.7.2000, registered at PGI Chowki, this information was sent to SSP Chandigarh Police, Chandigarh, Director PGI, MS PGI, NM PGI and Director Health Services, Punjab, Sector 34, Chandigarh for appropriate and necessary action. My in-laws tried to get a divorce by pressuring me forcibly with the help of Massar father in law Harinder Singh (Constable Chandigarh Police, on duty in Lok Adalat) by filing a case in Lok Adalat, Chandigarh (Stage Legal Services Authority, Chandigarh). Then by tendering apology and compromising the matter in court, as per order dated 6.10.2001 of the learned judge of Lok Adalat, Samrala, my husband brought me to in-laws house. After keeping me well for two years, they again harassed me mentally and physically tortured me for dowry. After a few months, I started living on rent at Chandigarh with my husband and my daughter. But being Govt. employee we used to enjoy holidays at my in-laws house. Then my daughter was snatched by my in-laws. I used to see my daughter on holidays. I was sent back after facing insult for bringing the money. On my refusal, by taking benefit Crl.Misc.No.M- 13169 of 2009 7 of the opportunity, Harinder Singh Massar father in law, Kirna Massi mother in law, mother- in- law, father in law, younger sister in law came to my house and by giving beatings to me at my house took my husband along with them to Mullanpur Garibdass. I despite facing such insult used to see my husband and daughter. On hearing my grievances, my parents along with relatives and respectable persons visited my in laws house on 20.3.2005, my in laws family and Kirna Massi mother in law insulted them and they were sent back. I used to narrate at appropriate times, all these agonies being faced by me to Ekta and Seems my both the sisters in law and Sanjeev and Jagdeep both the brothers in law and they made a demand of kothi at Chandigarh and Zen car from my parents and said that if your parents failed to fulfil the minor demand of my only brother, then you should divorce him, so that we can arrange the marriage of our brother at some other place. On 31.5.2006 a talk started to have a meeting with the daughter, then my husband gave me beatings by consuming liquor and he left after leaving me alone. In June 2006, I filed a case in ICSW, Chandigarh for having a meeting with my daughter. Then my husband and mother in law made a demand of rupees two and a hlaf lacs for showing the Crl.Misc.No.M- 13169 of 2009 8 face of my daughter and they did not arrive at any compromise. In October 2006, prior to Diwali during the holidays, I went to my in-laws house, but on the day of Diwali, Kirna Bhua mother in law and mother in law turned me out of house by giving me pushes. Then I moved Anti Corruption Front Samrala for the rehabilitation. As it happened prior to this, my in laws family to save themselves from their misdeeds, used to took me on the advise of each officer. On the hope that my in laws family will give up their illegal demands, when I used to tell to my sisters in law, mother in law, father in law all about this, they they always talked of one thing that I should give divorce on my behalf, otherwise they have planned the ways to recover the money from me or liquidate me. When after waiting for many days, my in laws family did not accept my request then I made a request to SSP Sahib Mohali on 13.12.2006 in the hope of rehabilitating me, who forwarded it to Women Cell, Phase VI for hearing. In the Women Cell, my husband Vivek Kumar, Uncle Vinod Kumar, his wife Saroj, Harinder Kumar, Massar father in law (Chandigarh Police), Brij Lal father in law made a demand of Rs. 2 lacs for rehabilitating me and said that SSP cannot cause any harm to them. They by using the name of Minister Jagmohan Singh Kang, Crl.Misc.No.M- 13169 of 2009 9 pressure were put on me for divorce. Qua my application of rehabilitation, after a few days my in laws family in a planned way on 20.12.2006 got published a disclaimer in Punjabi Tribune, whereas, my husband and in-laws family lived jointly. On 15.12.2006, after attending the hearing, my mother in law Veena, husband Vivek, uncle Vinod Kumar, Massar Harinder Kumar, father in law Brij Lal again made a demand of divorce from me, but my in laws family intimidated me to compel me for divorce, about which I moved an application to SSP Mohali. But even today my in laws family is not ready to keep me. All the articles of my marriage are in possession of my parents. If my in laws family is not ready to keep me then appropriate legal action be initiated against them, so that persons having greed of dowry be taught a lesson, so that they cannot play with life of some others. I on the basis of annexed documents by appearing before the higher authorities have made a request for justice many a times. But till date justice is not done to me. Therefore, I request before your goodself that legal action may kindly be taken against the family of my in laws and case be got registered against them. I request you as per order No._____ of Hon'ble Supreme Court, which is annexed herewith legal action be initiated against the family of my Crl.Misc.No.M- 13169 of 2009 10 in laws and justice be done to me.” Learned counsel for the petitioners has submitted that the petitioners have been falsely involved in this case due to their relationship with the husband of the complainant. Petitioner No.1 is the father-in-law of the complainant, whereas, petitioner No.2 is the mother-in-law of the complainant. On an earlier occasion, a dispute arose between the complainant and her husband. Ultimately they filed a petition seeking divorce on the basis of mutual consent. However, the said petition was got dismissed as withdrawn vide order dated 6.10.2001 as the complainant and her husband had decided to live together as husband and wife. Since there always remained a dispute between the complainant and her husband, the petitioners had disowned their son and the complainant by publication of notice in the “Punjabi Tribune” on 20.12.2006. The FIR has been quashed qua other co-accused namely Harinder Kumar, Vinod Kumar and Saroj Rani by this Court vide order dated 15.12.2008. Learned counsel for respondent No.2 has submitted that the petitioners are the parents of the husband of the complainant. They along with their other co-accused had been harassing respondent No.2. Charge has been framed against the petitioners by the trial Court on 19.3.2009 under Sections 498-A/ 406/34 IPC. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. Crl.Misc.No.M- 13169 of 2009 11 In the case of State of Haryana vs. Bhajan Lal , , 1992 Supp(1) Supreme Court Cases 335, the Apex Court has held as under:- “The following categories of cases can be stated by way of illustration wherein the extraordinary power under Article 226 or the inherent powers under Section 482, Cr.P.C. Can be exercised by the High Court either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently chennelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised:- (1) Where the allegations made in the first information report or the complainant/respondent No.2, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1)of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. Crl.Misc.No.M- 13169 of 2009 12 (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do no disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a Police Officer without an order of Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceedings is maliciously instituted with an ulterior motive for Crl.Misc.No.M- 13169 of 2009 13 wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.” A perusal of the FIR reveals that there are serious allegations levelled against the petitioners. Although a dispute had been going on between the complainant and her husband and as a result of the same, they had filed a petition seeking divorce under Section 13-B of the Hindu Marriage Act, 1955 but thereafter, the matter was compromised and the complainant agreed to live in her matrimonial home. The divorce petition was got dismissed as withdrawn in a Lok Adalat vide order dated 6.10.2001. It appears that despite the said fact, respondent No.2 was again harassed by her in-law's family. The case of the petitioners is on a different footing than their co-accused Harinder Kumar, Vinod Kumar and Saroj Rani. The petitiones are the parents of the husband of the complainant. As per the allegations in the FIR, they along with their Crl.Misc.No.M- 13169 of 2009 14 son had been harassing complainant-respondent No.2. In these circumstances, it would not be appropriate or in the interest of justice, to quash the proceedings qua the petitioners. Accordingly, this petition is dismissed. (SABINA) JUDGE August 18, 2010 anita