In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-15109 of 2010 (O&M) Date of decision: 10.8.2010 Harender Singh Nain ......Petitioner Versus State of Haryana and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Amit Kumar Jain, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 405 dated 15.11.2006, under Sections 498-A, 406, of the Indian Penal Code (IPC for short) at Police Station Model Town Panipat. The contents of Annexure P-1 read as under:- “ It is prayed that my name is Ajit Kaur and name of my father is Randhir Singh, I am MA and I have three brothers and all are married. They used to do agricultural work in village Binjhol, my parents marry me with Harender son of Shri Hari Singh on 12.11.1997 at village Binjhol, according to Hindu Rites and spent more than Rs.10 lacs in the marriage and also gave many ornaments, house hold articles, clothes, car etc. to the accused as my property. List of articles given is also attached. Criminal Misc. No.M-15109 of 2010 (O&M) -2- All the ornaments mentioned in the list were handed over to my mother-in-law Smt.Indra whereas, household articles and clothes were handed over to my father-in-law Shri Hari Singh and furniture and cash of Rs.1 lac were handed over to Harender Singh. These people have returned these articles to me on my asking when I went to my matrimonial house. After some days of my marriage, my husband, mother-in-law, father-in-law and one relative of my husband namely Krishan started beating me for bringing less dowry and started torturing me time and again and said that these days any person can give Maruti 800 Car and said that we require any big car like Esteem car or Lancer car. Accused also demanded cash amount of Rs.2 lacs many times and tortured me for not bringing the same and in pressure, my father after going to my matrimonial home, gave Rs. 1 lac to my husband, mother-in-law and father-in-law in June 1999, but their behaviour was not changed. On 17.5.2002, at about 8.00 pm all the above four people beaten me very badly and said that bring a big car from your parents and also taunted me to be a barren lady. On 7.10.2002, my husband, father-in-law and mother-in-law beaten me very badly and thrown me out of the house and said that till you will not bring a big Criminal Misc. No.M-15109 of 2010 (O&M) -3- car and Rs. 2 lac in cash, we will not settle you. After coming to my parental home I told whole incident to my brothers and parents and remained in my parental home at village Binjhol for about 2 months, then a panchayat was convened in the month January, 2003, in which accused felt sorry and said that they will not torture me any more. But behaviour of the accused was not changed. They used to beat me daily and they also not allowed me to use my articles. On 2.1.2005, they again beaten me very badly and thrown me out of the house and searched a new wife for accused Harender. Her name is Jaswinder Kaur and as per my knowledge Harender and Jaswinder Kaur married with each other on 10.3.2005 without getting divorce from me. In this regard, a case is pending at Narwana. On 4.12.2005, when I went to my matrimonial home for bringing dowry articles and istridhan then my mother-in-law, father-in-law and husband beaten me and refused to return the articles and said that we have given these articles to second wife of Harender and the same will not be returned ever and flatly refused to return my dowry articles. On 1.9.2006, when I went to Narwana Court for consultation with my Advocate, then my husband Harender and Krishan saw me and openly Criminal Misc. No.M-15109 of 2010 (O&M) -4- beaten me in court compound, regarding which a case was registered at P.S.City Narwana and accused was also arrested. On that day, I went to my matrimonial home for taking my articles there my mother-in-law and father-in-law flatly refused to return the articles and said that if you want to come in this house, then bring a big car and Rs.2 lacs as cash and forget about your Istridhan and inspite of my repeated request for returning my articles, my father-in-law and mother-in-law pushed me out of the house. All the above accused in connivance with each other gave me physical and mental harassment for bringing less dowry. On 8.10.2006, we went to Narwana along with a panchayat in which about 50 persons were there from our side who were from almost 20 villages and Sarpanch of our village namely Shri Ravinder, Master Pyara Singh, Master Bani Singh, were also there in the panchayat. In the panchayat all the accused openly gave threats and said that we will neither return dowry articles nor will settle the girl. Accused have misappropriated my dowry articles and also kept with them my bank passbook, post office passbook, post office coupons, LIC policy and my testimonials and also refused to return them. Legal action be taken against the accused for demanding dowry and for not returning my Criminal Misc. No.M-15109 of 2010 (O&M) -5- dowry articles as per list and for beating me by registering a case against them and my articles be got recovered.” Learned counsel for the petitioner has submitted that FIR No.186 dated 5.12.2005 under Sections 494, 342, 323, 506, 498-A, 341/ 34 IPC was registered against the petitioner and his mother. At the time of framing of charge, the learned Sub Divisional Judicial Magistrate, vide order dated 1.9.2006, held that there is no material on record that the petitioner and his mother had ever demanded dowry or treated the complainant with cruelty. Hence, the petitioner as well as his co-accused were discharged for an offence under Section 498-A IPC. After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal. In the present case, FIR has been registered against the petitioner under Sections 498-A, 406 IPC. It would be seen by the trial Court at the time of framing of charge as to whether offence under Sections 498-A, 406 IPC is made out against the petitioner or not. At this stage, no ground for interference by this Court is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE August 10, 2010 anita