Criminal Misc. No.M-22934 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-22934 of 2010 (O&M) Date of decision: 17.9.2010 Ajay Verma ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Saurabh Bajaj, Advocate, for the petitioner. Mr.Satyavir Singh Yadav, DAG, Haryana. **** SABINA, J. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (“Cr.P.C.” for short) seeking quashing of FIR No. 355 dated 6.6.2009 registered under Sections 406/ 420/ 498-A/ 506/ 120-B of the Indian Penal Code at Police Station Karnal City District Karnal and all the consequential proceedings arising therefrom. The contents of the FIR (Annexure P-1) read as under:- “Before the court of Chief Judicial Magistrate, Criminal Misc. No.M-22934 of 2010 (O&M) 2 Karnal, Smt.Rozy wife of Sh.Bal Krishan x/o Basant Lal Bhalla, resident of H.No.S/248, Gali No.9, Braham Nagar, Karnal----complainant versus 1) Bal Krishan son of Sh.Niranjan Lal Verma 2) Niranjan Lal verma son of Sh.Sobh Raj Verma 3) Sm.tchander Kanta Rani wife of Sh.NIranjan Lal 4) Ajay Verma son of Sh.Niranjan Lal, resident of Chhichran Mohalla, Mata Gate, Kaithal---- accused. Complaint under Sections 406, 420, 498-A, 506 read with Section 120-B IPC P.S. City Karnal. Sir, It is submitted that (1) the complainant is peace loving and law abiding citizen of India. 2. That the marriage between the complainant and the accused No.1 was solemnized at Karnal on 26.1.2008 according to Hindu Rites and customs. The marriage was not registered in anywhere. The marriage card is attached. 3. That the parents of the complainant and relatives had given sufficient dowry articles in cash and kind at the time of engagement, shagun as well as on marriage ceremony. The accused No.1 was entrusted the dowry articles/items/cash from serial No.1,2,6,79, to 39, the accused No.2 and 3 were entrusted the dowry articles/items/cash from serial No.3,4,6 to 38,40, whereas the accused No.4 was entrusted the dowry articles No.4 was entrusted the dowry articles/items/cash from serial No.5, 9 to 35, Criminal Misc. No.M-22934 of 2010 (O&M) 3 respectively as per the list of the dowry articles attached separately. 4. That the accused No.1 is the husband of the complainant, accused No.2 and 3 are the parents in law of the complainant, whereas, the accused No.4 is the brother in law (dever) of the complainant respectively. 5. That the accused persons were of very greedy and quarrelsome nature. The complainant was taunted and tortured for not bringing sufficient dowry articles to the satisfaction of the accused persons. The accused persons would say that "YEH BHUKHE MANGE GHAR SE AAYE HAI AUR GHATIA KISAM KA DEHAJ KA SAMAN LAYEE HAI IS SE ZYADA DAHJ TO GARIB ADDMI DE DETE HAI". The complainant was also taunted and tortured for not bringing sufficient and good quality of dowry articles. The accused used to say that the dowry articles/items are of sub standard quality. The accused No.1 even asked the complainant before the marriage that how gold ornaments, cash and what type of dowry articles are being arranged by the parents of the complainant. 6. That the complainant were also cheated by the accused as the accused had very dishonest intention from the very beginning. The complainant was told that the accused No.1 is permanent employee teacher of Haryana Education Department and he was Criminal Misc. No.M-22934 of 2010 (O&M) 4 working as Lecturer. Infact, the accused No.1 was only employed as a teacher. 7. That the accused persons were so greedy in their nature that even prior to the marriage the accused No.1 compelled and forced the complainant to pay Rs.1 lac so that the complainant could be admitted in B.Ed course. The said amount was paid by the father of the complainant on 12.1.2009 to the accused No.1. It is worth mention here that there are several B.Ed. College near Karnal as well near Kaithal. But the accused No.1 forced the complainant to do the B.Ed course from Jammu where the accused No.1 got admitted the complainant in K.C.Minerva College, Jammu against the wishes of the complainant. 8. That the accused No.1 used to work under the pressure of the other accused. All of them would use to taunt and torture the complainant physically and mentally of and on without any rhyme or reason. The accused No.1 wanted to become righ (big) in a very short span of time. The accused No.1 even forced/compelled the complainant engagement at Karnal. The accused No.1 forced the complainant to get admitted in B.Ed collage in Jammu instead of Karnal or Kaithal. She was not even given proper food and clothings. 9. That the accused No.1 even did not have sexual inter course with the complainant as the accused No.1 would Criminal Misc. No.M-22934 of 2010 (O&M) 5 avoid the complainant and he would use to sleep with accused No.3 instead of sleeping with the complainant. The accused No.1 would often leave his matrimonial house on the one pretext or the other without telling the complainant, whenever the complainant enquired about such suspicious activities from the accsued No.1. He would used to give evasive reply, even the other accused did not elaborate about this. The complainant bore all the physical, mental agony, pain, harassment as well as cruelty at the hands of the accused persons since the complainant would not like to tell such things to her parents. But the accused persons pressurized the complainant to bring one lac in cash and an AC car in the form of dowry, which was registered by the complainant. On this the complainant was given physical and merciless beatings by the accused persons. 10. That in the month of March 2009 i.e. 7.3.2009, the accused No.1 told the complainant that is going to join an adventure camp in Nepal but the accused never went there instead he went to somewhere else. This fact was concealed by the accused No.1 and other accused from the complainant. The accused persons would also take the help of some "Tantrik" to mentally and physically harass the complainant. The accused person would never talk with Criminal Misc. No.M-22934 of 2010 (O&M) 6 the complainant in a proper manner. In fact she was treated as a stranger and like servant in the family. However, the complainant always behaved like a devout Hindu wife, as she would think that the better sence would prevail some day. 11. That the accused No.1 would often used to reside out side even at the nights. When ever the complainant enquired about this from the accused No.1, the accused No.1 would threaten the complainant with dire consequences of death. The accused No.1 would use to take out a knife (Chhura) and put the same of the neck of the complainant in order to finish her off. The accused No.1 was bottle of mosquito killer liquid (All out) and would threaten the complainant that if she not succum to his wishes, he would commit suicide and would involve the complainant in that case. 12. That on the night of 27th March 2009 the accused person by hatching a criminal conspiracy gave merciless beatings to the complainant. The accused tried to kill the complainant herself. The complainant informed her parents of this. The sister of the complainant namely Smt.Veena Mehta her husband Sh.Vijay Kumar Mehta went to Kaithal and brought the complainant to Karnal. Since then the complainant is living at the mercy of her parents at Karnal. The entire dowry articles had been Criminal Misc. No.M-22934 of 2010 (O&M) 7 misappropriated by the matrimonial house in three wearing clothes only. 13. That a panchayat was convened by the parents of the complainant on 18.4.2009 at kaithal in which the complainant, her parents, her uncle Hira Lal Bhalla, one Yash Raj, Shakti Lal Bhalla, Raj Kumar, the maternal uncle of the complainant all residents of Karnal and the complainant were present in the said panchayat. In the said panchayat the accused No.1 was not present. When the members of panchayat enquired by this. The parents of the accused No.1 gave evasive reply and did not tell about the whereabouts of the accused No.1. Instead of feeling sorry the accused No.2 to 4 threatened the members of the panchayat with dire consequence and openly declared that the complainant would not be settled in her matrimonial house until or unless the parents of the complainant are ready to pay Rs. 1 lac in cash and one car with AC. The members of the panchayat were also maltreated even the accused persons called some local gunda type persons in order to threaten the complainant and members of the panchayat. As such the members of panchayat returned empty handed. 14. That another panchayat was convened on 3.5.2009 at the house of uncle of the accused No.1 i.e. Des Raj in Kaithal. Even in the said Criminal Misc. No.M-22934 of 2010 (O&M) 8 panchayat the accused No.1 did not turn up. This caused great suspicion in mind of the complainant and other members of the panchayat. The accused persons intentionally and deliberately did not disclose about the whereabouts of the accused No.1. However, on the persistent inquiry of the complainant and the members of the panchayat. The accused No.2 told that the accused No.1 had gone to Bangalore but neither his phone number nor his address was disclosed. The complainant was also threatened by the accused that they will not allow her to enter in the matrimonial house. The accused persons i.e. Accused No.2 to 4 repeated the same story as they did in the earlier panchayat. 15. That all the accused have tortured and maltreated the complainant for bringing insufficient dowry and demanded more and more from the complainant and her parents. The entire dowry articles have been misappropriated by the accused persons. 16. That the accused have committed offence punishable under Sections 404/ 420/ 498-A/ 506/ 120-B IPC. All these offences are within the cognizance of this Hon'ble Court. 17. That the marriage of the complainant was solemnized with accused No.1 at Karnal tehsil and District Karnal. All accused persons were entrusted with dowry articles as per the list attached and the Criminal Misc. No.M-22934 of 2010 (O&M) 9 complainant is now residing at Karnal at her parental house, as such the Hon'ble Court has got jurisdiction to entertain and try the present complaint. It is, therefore, prayed that the present complaint may kindly be sent to police stationj P.S.City Karnal under Section 156(3) of the Cr.P.C.for registration and investigation of the case, in view of the aforesaid facts and circumstances and in the the interest of justice." Learned counsel for the ppetitioner has submitted that there are general allegations levelled in the FIR against the petitioner. In fact, all the allegations in the complaint are basically levelled against the husband of the complainant. The petitioner is un-married younger brother of the husband of the complainant and is a student. Learned counsel has placed reliance on Anita and others vs. State of Punjab 2003(4) RCR (Criminal)313, wherein, in para 11, it was held as under:- “The allegations in my view qua the present petitioners are vague in nature and they have no concern with the demand of dowry or cruelty at all. There is a tendency to involve all the relatives of the husband when the relations between the husband and the wife become strained. It is not believable that the unmarried sisters and unmarried brother of the husband would be entrusted with any article of dowry separately. It appears to me that the Criminal Misc. No.M-22934 of 2010 (O&M) 10 complainant has knitted a net wider in order to involve everybody in her in-laws.” Learned State counsel, on the other hand, has opposed the petition and has stated that the petitioner had misbehaved with the Panchayat at the time when efforts for reconciliation were being made. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. In Kans Raj vs. State of Punjab and others, 2000 (2) RCR (Criminal) 696 (SC), their Lordships of the Apex Court have observed that a tendency has developed for roping in all the relations in dowry cases and if it is not discouraged, it is likely to affect case of the prosecution even against the real culprits. The efforts for involving the other relations ultimately weaken the case of the prosecution even against the real accused. 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 Criminal Misc. No.M-22934 of 2010 (O&M) 11 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. (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. Criminal Misc. No.M-22934 of 2010 (O&M) 12 (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 wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.” A perusal of the complaint reveals that the allegations have been mainly levelled against accused No.1 i.e. Bal Krishan. General allegations have been levelled against all the accused qua their behaviour with the Panchayat. The petitioner is unmarried younger brother of the husband of the complainant. It appears that he has been merely roped in this case due to his relationship with the husband of the complainant. There is a tendency to involved all the Criminal Misc. No.M-22934 of 2010 (O&M) 13 relatives of the husband of the complainant when the relations between the husband and wife become strained. In these circumstances, it would be just and expedient to quash the FIR qua the petitioner as continuation of criminal proceedings against him would be nothing but abuse of process of Court. Accordingly, this petition is allowed. FIR No. 355 dated 6.6.2009 registered under Sections 406/ 420/ 498-A/ 506/ 120-B IPC at Police Station Karnal City District Karnal and all the subsequent proceedings, arising therefrom, qua the petitioner, are quashed. (SABINA) JUDGE September 17, 2009 anita