The court held that specific allegations of harassment and dowry demands in the FIR constituted a cognizable offence, and vague allegations do not suffice for prosecution.

JUDGMENT :

(Rakesh Kainthla, J.)

The present petition under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed for quashing of F.I.R. No. 293 of 2021, dated 16.11.2021 for the commission of offences punishable under Sections 498-A, 504 and 506 read with Section 34 of Indian Penal Code (IPC), registered at Police Station Sundernagar, District Mandi, H.P. and consequential proceedings arising out of the F.I.R.

2. Briefly stated, the facts giving rise to the present petition are that the informant made a complaint to Police Post Dehar on 16.11.2021 stating that she was married to accused Rohit Mahajan six years before filing the complaint. One daughter Yahana and one son Yashit were born to her. Her husband Rohit Mahajan, her mother-in-law Veena Mahajan, her father-in-law Sushil Mahajan, and her sisters-in-law Ruchita, Suchita and Sumila started picking up faults in the household chores done by her after the lapse of some months. They used to say that the informant was a ‘Pahadan’, who did not know household work, she did know how to cook food, her parents had not taught her anything and her parents had no standards. Accused Ruchita, Suchita and Sumila used to taunt her for the work done by her. They used to say that her parents had not provided anything in the marriage. The informant’s parents gifted a Kisan Vikas Patra of Rs.1,00,000/- to her. The accused threw Kisan Vikas Patra on the informant’s face and told her to get Rs.5,00,000/- or else she should not return to her matrimonial home. The accused told her that she would not be allowed to meet her children. She was not permitted to go outside her matrimonial home. Her sisters-in-law used to accompany her if ever she went out of her matrimonial home. The informant’s husband and his relatives used to say that she had an illicit relationship with her brother-in-law. The accused used to say that the ornaments given to her were quite small and no ornaments were given to her sisters-in-law. The informant’s husband, her parents-in-law and her sisters-in-law asked her many times to bring money from her parents. The informant’s father handed over the money two times. The informant went to her parental home on 11.10.2021 with Suchita, the driver and her daughter. She was dropped at Shalaghat by her sister-in-law. The informant called her brother, who took her to her parental home. The informant fell ill and whenever she called her husband, her phone was not picked up. She was also not allowed to talk to her children. The accused threatened to falsely implicate the parents and sisters of the informant. The police registered the F.I.R. and conducted the investigation. A charge sheet was filed before the Court of learned Additional Judicial Magistrate, First Class-II, Sundernagar, District Mandi, H.P. after completion of the investigation

3. Being aggrieved from the registration of the F.I.R. and filing of the charge sheet, the petitioners have filed the present petition asserting that the informant had left her matrimonial home on her own. She had given a stereo-typed version. No specific allegations giving particulars of offence and date of incident were given. The continuation of the proceedings is an abuse of the process of the Court. The F.I.R. was lodged after the six years of the marriage. The petitioners treated the informant cordially and they never harassed her. The criminal proceedings have been initiated with mala fide intention to harass the petitioners. The informant had not made any complaint to Pardhan or the Police after 2015. The informant is residing with her parents on her own. Therefore, it was prayed that the present petition be allowed and F.I.R. and consequential proceedings arising out of the same be quashed.

4. The petition is opposed by respondent / State by filing a reply making preliminary submissions regarding lack of maintainability, the F.I.R. discloses the commission of a heinous offence and the present petition having been file