Point of Law: FIR does disclose prima facie commission of offence under Section 498-A of IPC, investigating agency cannot be stopped from probing truth of allegations and counter allegations in accordance with procedure prescribed in Cr.P.C.

ORDER :

By way of instant petition, a prayer has been made to quash FIR No. 2 of 2020, dated 05.01.2020, registered at Women Police Station, Solan, under Section 498-A read with Section 34 IPC (for short, “the FIR”).

2. The basis of FIR is written complaint dated 28.12.2019 submitted by Respondent No.2 inter-alia alleging her ill-treatment at the hands of petitioners and Shri Vinay Agarwal, the brother of petitioner No.1. Respondent No.2 is the wife of petitioner No.1. Petitioners No. 2 and 3 are her father-in-law and mother-in-law respectively.

3. Petitioners have alleged their false implication in the FIR. It is submitted that the allegations levelled by respondent No.2 against them are baseless. They have always treated respondent No.2 with dignity, love and affection. It is further submitted that petitioners have never made any demand for dowry from respondent No.2 or her parents. Respondent No.2 has never been ill-treated. Petitioners have also alleged that respondent No.2 and her family members had made suppression of material facts relating to health issues of respondent No.2 before marriage. It was noticed after marriage that respondent No.2 had some serious issue with her eye. It was respondent No.2 and her father, who have aggressively and abusively disrespected the family of petitioners. Respondent No.2 had always been threatening to commit suicide for no reason whatsoever. It is also alleged against respondent No.2 that she had left matrimonial house of her own along with all her belongings. Petitioners were not properly invited to attend the marriage of brother of respondent No.2. Petitioners, in support of averments made in the petition, have placed on record various documents, on the basis of which the allegations levelled by respondent No.2 are stated to be false and concocted.

4. Respondent No.1-State in its reply has submitted that the written complaint No. PC/1028/SP was received in Women Police Station, Solan on 30.12.2019. The complaint contained allegations of harassment of respondent No.2 at the hands of Shri Raghav Aggarwal (husband), Shri Arvind Gupta (father-in-law), Smt. Nisha Gupta (mother-in-law) and Sh. Vinay Aggarwal (brother- in-law). Resultantly, FIR No. 2/2020 was registered on 05.01.2020. Investigation is stated to be underway. It is alleged that despite various efforts, the investigating agency has not been able to associate the petitioners and other accused persons in investigation.

5. Respondent No.2 has filed her separate reply. It is submitted on behalf of said respondent that the FIR was registered after thorough examination of written complaint and recording her statement. It is further submitted that the petitioners and other accused in the FIR have not joined the investigation. The petition is alleged to be abuse of process of law. Respondent No.2 has placed reliance on the allegations levelled by her in the complaint and consequent FIR. As per respondent No.2, the petitioners are intentionally and deliberately avoiding the joining of investigation and the instant petition is also step in such direction.

6. I have heard learned counsel for the parties and have also gone through the entire record.

7. Petitioners have invoked jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. Though, this Court is vested with jurisdiction and powers under the aforesaid provisions of law to prevent the abuse of process of law or otherwise to secure the ends of justice but the same has to be used sparingly and only in appropriate cases.

8. Hon'ble Supreme Court in Dineshbhai Chandubhai Patel vs. State of Gujarat & Ors reported in (2018)3 SCC 104 has outlined the powers of this Court to quash the FIR in exercise of powers under Section 482 of the Code of Criminal Procedure in following manner: -

“25. The law on the question as to when a registration of the FIR is challenged seeking its quashing by the accused under Article 226 of the Constitution or Section 482 of the Code and what are