Crl. Misc. No. M- 7440 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 7440 of 2010 (O&M) Date of Decision: September 28, 2010 Lalit Dalal ........Petitioner Versus State of Haryana ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Kunal Chhoker, Advocate for Mr. Aman Pal, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, DAG, Haryana. Mr. Ashit Malik, Advocate, for the complainant. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.65 dated 4.2.2010, under Sections 323/406/498A/506/34 of Indian Penal Code, registered at Police Station Samalkha. The contents of the FIR as reproduced in para 2 of the petition read as under :- “I, Smt. Mukesh w/o Sh. Lalit Dalal d/o Sh. Rajbir Singh r/o Vill. Machhroli, Distt. Panipat state that I got married with Lalit Dalal s/o S. Balram Dalal at present r/o Vikas Colony, Ashram, Meerut road, Karnal on dated 01.03.2008 Crl. Misc. No. M- 7440 of 2010 (O&M) 2 solemnized according to hindu rites in Raja Garden, Samalkha. An amount of Rs.15 to 16 lacs (approx) was spent by my parents on my marriage. My father has three brothers and they are still living in a joint family. My grandfather is also alive and my family business is agriculture and hatchery and all the family members together manage the family business. In may marriage, my family members had given more dowry articles than their capacity and a list of the same is annexed with this application. At the time of marriage, all dowry articles were handed over to my father in law Balram, my husband Lalit Dalal, my mother in law Shakun Bala and my Jethani Shikha. At the time of my engagement, my family members had given 1 gold chain, 1 gold ring and 11,000/- in cash and earrings of gold were given to my mother in law and Rs.5,100/- and gold earrings and Rs.2100/- were given to my Jethani Shikha. My father-in-law Balram was given a gold ring and Rs.2100/-. My Jeth Sanjeev was also given a gold ring and Rs.2100/-. At the time of my engagement, all the relatives and friends who came to attend the engagement were also given honour money (milaai). At the time of the engagement, my family had spent Rs. 2-2.5 lakhs. At the time of my marriage, my husband was posted as constable in Haryana Police and my father in law was posted as Inspector in Haryana Police. At the time of my marriage, my husband's family members were residing in house no.1676, Crl. Misc. No. M- 7440 of 2010 (O&M) 3 Housing Board, Sector-6, Karnal. My marriage relation was fixed by Surjeet s/o Sh. Daya Singh r/o Vill. Paada, Distt. Karnal who was known to my father in law Balram Dalal. My father in law had asked the middle man Surjeet that all the arrangements should be made as per their status and standard. After my marriage, when I went to my husband's house then my in-laws husband, father in law, mother in law and Jethani started taunting me for bringing less dowry. My father in law said that they expected Swift (diesel) car but my family members had given Maruti Alto which is not according to our status. My Jethani Shikha had said that if my husband Lalit was got married with her younger sister, then her father who is Officer in Haryana Police would have given much more dowry than my family. On dated 08.03.2008 when my brother came to Karnal to take me home, he was asked by my mother in law and Jethani that take Alto car along and when he returns to drop me back, he should bring Swift (diesel) car. When I went to my parental home, I told the abovesaid incident to my family members. On 14.03.208, when my father, my uncle Naresh came to leave me at my matrimonial home at Karnal then my mother in law and my sister in law (Jethani) were present there. Both my father and uncle requested them with folded hands that we have spent more than our capacity on the marriage and now we cannot afford a Swift car. On this, my mother in law said that we will sell off the Alto car and buy Swift Crl. Misc. No. M- 7440 of 2010 (O&M) 4 car and the difference of the money shall be paid by you. They said if they agree to this settlement then they can leave their daughter or else they can take their daughter with them. My father asked for some time to arrange the money and left me at my matrimonial house. After a few days of this incident my husband came from duty and asked me to sign some documents. When I asked that what are these documents for then he said that the Alto car has to be sold off and when I refused, my husband started giving me beatings and after intimidating me compelled me to sign those documents. After a few days when my brother Lokesh came to my matrimonial house to meet me I told everything to him and after my brother had left my mother in law and Jethani started beating me and said that why did I disclose to my brother the fact regarding the selling of the car. After a few days of this incident my father, my uncle Naresh and my brother Lokesh came to Karnal and gave Rs.2 lacs to my husband. At that moment, my father in law was present in the house. My father said with folded hands that please do not harass my daughter for dowry in future. After a few days I came to my parental house and stayed there for 10-15 days. When nobody came to take me from my matrimonial house, then my brother Lokesh took me and left me at my matrimonial house. After 15-20 days of this incident, I saw that my mother in law, my father in law Balram, my husband Lalit and my Jethani Shikha were sitting in anther Crl. Misc. No. M- 7440 of 2010 (O&M) 5 room. After a few minutes, they called me in the room and my father in law told me that we need to get Lalit appointed as Inspector in Haryana police and we are short of money. They further told me to get at least 20 lakh rupees from my parental house. I narrated this story to my father on the telephone. After two or three days, my father, my uncle Naresh, my brother Lokesh and middle man Surjeet came to my matrimonial home. At that time, my father in law Balram, my husband Lalit, Jethani Shikha, mother in law Shakun Bala were present. Then my father and middle man Surjeet asked why they are harassing their daughter i.e. me. Then my father in law and mother in law said that we have to get Lalit appointed as Inspector in Haryana Police and you have to pay at least 20 lacs which we will return back to you after some time. On this, my father with folded hands requested for some time to arrange the money and my father returned back to his native village Machhroli. My father for my well wishes has collected money from her and there and in June 2008 gave Rs.12 lacs to my husband at Karnal. At that time, my mother in law and Jethani were present in the house. In December 2008 when my father asked to return back the money and then they refused to return the money flatly. On dated 08.12.08, my mother in law was talking with my husband on telephone. After talking my mother in law and my sister in law Jethani gave beatings to me and turned me out in 3 clothes and I came to my parental home Crl. Misc. No. M- 7440 of 2010 (O&M) 6 and from December 2008 to March 2009, I stayed at my parental home. During this period, nobody came to take me from my parental home then my father and my uncle Naresh went to my matrimonial home at Karnal and met my father in law and my husband and inquired as to why they had not come to take their daughter Mukesh. On this they said that if you want Rs.12 lacs back then we will not return back the same and if you are not demanding this money, we are ready to bring your daughter back. After this, my father and my uncle came back to Village Macchorli. After many days of this incident, my father, my uncle Naresh, my brother Lokesh and middle man Surjeet took me to Karnal and tried to make my in laws understand that we have given you 22 lacs as loan and now your son Lalit has been selected as Inspector but my in laws did not hear my parents and said that consider the 12 lac rupees as dowry and leave them. For my happily married life, my parents agreed to what my in laws said and left me at my matrimonial home. When my husband came back form duty, he did not use to talk to me and went to my Jethani's room. One day, on doubt, I peeped into my Jethani's room and I saw my husband and Jethani in a compromising position and when I objected to the same, they started to beat me. At that time, my husband came with a pistol and kept it on my head and said whatever I am saying to you, you write it down and in order to save my life, I started writing whatever he directed me to. Then my Crl. Misc. No. M- 7440 of 2010 (O&M) 7 mother in law came there and then all three of them inflicted beatings upon me and turned me out in three clothes. They kept all my ornaments and istridhan with them and threatened to me that there is no place for me in their house and that if I returned back then I would be killed. My father and my uncle Naresh went to my matrimonial home and tried to talk to my mother in law to which my mother in law refused that they wont talk. She said that they had to go to Salasar on 31-12-09 and you bring your daughter there and we will talk to you there. After this, my father and uncle came back to Macchroli. When I went to Salasar, all the in laws and other relatives were also there. When both the parties talked, my father in law said that we will not keep your daughter as you have given less dowry and the 12 lacs which we had taken from you, you have insulted us by asking for the money back. Our son is now Inspector and our status is now higher than yours. Even after several requests by my parents they did not agree to us. My parents in law said that if I was sent again, they will kill me. They said that they were in no need of me and they will remarry there son Lalit. After this I alongwith my parents and other relatives returned to Machhroli. All my istridhan (list attached) is in the possession of my mother in law, father in law, husband and Jethani and they are using the same. My in laws have harassed me a lot and a lot of money of my father has been taken away by them. All my istridhan Crl. Misc. No. M- 7440 of 2010 (O&M) 8 should be returned and all be tackled according to law. Applicant Mukesh w/o Lalit d/o Sh. Rajbir r/o Vill. Machhroli, Distt. Panipat.” Learned counsel for the petitioner has submitted that a compromise was effected between the parties and a petition under Section 13-B of the Hindu Marriage Act, 1955 was filed by the parties seeking divorce on the basis of mutual consent. Learned State counsel, who is assisted by the learned counsel for the complainant, on the other hand, has submitted that no compromise has been effected between the parties and as such the divorce petition has been referred back to the Court by the Lok Adalat to be decided on merits. The petitioner is required for custodial interrogation. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. The allegations levelled against the petitioner are serious in nature. The petitioner had also failed to appear before the Mediation and Conciliation Centre as the matter was sent to the said Centre by this Court. The petitioner is required for custodial interrogation. Accordingly, this petition is dismissed. (SABINA) September 28, 2010 JUDGE Anand