Santosh Bakshi vs State Of Punjab And Ors

3. The case of the appellant is that she got married to the brother of respondent no.3-Vivek Kumar Bakshi on 4th August, 2006. After marriage, she shifted to her matrimonial house at Ludhiana and just thereafter her in- laws started demanding dowry. The husband of the appellant always stood with her and protected her from various atrocities committed by in-laws and respondent no.3. When the matter became out of control the appellant on 17th January, 2009 made a complaint to the Senior Superintendent of Police, Jalandhar (now known as Commissioner of Police, Jalandhar) alleging therein continuous harassment, beating and maltreating meted out to her in connection with dowry with specific allegations with date, time etc.

4. According to the appellant, Police kept the matter pending for long at the instance of respondent no.3 and refused to take any action. No FIR was registered in spite of the fact that the complaint disclosed cognizable offence.

5. On 6th April, 2009, the appellant filed a complaint under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as, ‘the Act’) against her in-laws. In the said case, her in-laws arrived at a compromise with the appellant that they will allow her to live in her matrimonial house at Ludhiana. They also agreed that no maltreatment will be meted out to her and they will keep her in a nice manner and they will remain bound by their statements.

6. Further case of the appellant is that respondent no.3 having personal grudge with her husband due to greed of property submitted an affidavit on 23rd April, 2009 before the Police Authorities. Respondent no.3 also stated that the allegations in the complaint are false and to take action u/s 182 IPC against the appellant. On 24th April, 2009, Deputy Superintendant of Police, Jalandhar submitted a report in which the assertions made by respondent no.3 were considered and the complaint was filed in the office. On the basis of affidavit, Police submitted a Calendra No.18 dated 5th October, 2009 in the Police Station Division No.1, which was prepared and presented in the Court by Rajesh Kumar, SI SHO Division No.1, Jalandhar. The approval for taking action against the appellant u/s 182 IPC was obtained from SSP, Jalandhar in November, 2009.

10. In the affidavit (Annexure P/3) respondent no.3 alleged that the appellant has lodged false complaint against his parents, sister, brother and brother-in-law. Name of Respondent No.3 was not there but when he helped his old parents, brother, sister and brother-in-law in shifting from Ludhiana to Jalandhar then appellant mentioned his name. Respondent no.3 further alleged that the appellant and her husband are harassing him by lodging false complaint at Ludhaina as well as at Jalandhar and requested the authorities to take legal action against them u/s 182 IPC. The SHO, P.S. Div. No.1 by note dated 1st May, 2009 forwarded the said affidavit. The deposition of respondent no.3 was recorded by Executive Magistrate, Tehsil, District Ludhiana. However, the deposition is not on record.

12. The respondents have not disputed that the complainant-appellant earlier submitted complaint dated 17th January, 2009 to the Senior Superintendent of Police, Jalandhar (now known as Commissioner of Police, Jalandhar). In the said complaint, allegation of continuous harassment, beating and maltreatment of the appellant for demand of dowry with specific allegations with date, time etc. were made. It is alleged that the Police Authorities kept the complaint pending for long and failed to register any FIR. In the meantime, the appellant filed an application under the Protection of Women from Domestic Violence Act, 2005. In the said case, the in-laws of appellant arrived at a comprise with the appellant and agreed to allow the appellant to live in her matrimonial house at Ludhiana. Further, they also gave assurance that the appellant will not be meted out with any maltreatment and they will keep appellant in nice manner.

18. Respondent Nos.1 and 2 having failed to make out a case u/s 182 IPC, we are of the opinion that it was a fit case to quash the proceedings u/s 182 IPC. The High Court failed to notice the relevant facts and mechanically dismissed the application u/s 482 Cr.PC.

19. For the reasons aforesaid, we set aside the impugned order dated 12th July, 2013 passed by the High Court of Punjab and Haryana at Chandigarh, quash the complaint filed by respondent no.3 u/s 182 IPC, the order of approval granted by the SSP in November, 2009 and proceeding if initiated against the appellant.

20. The appeal is allowed. No costs.