The High Court can quash FIRs against individuals named in dowry harassment cases when allegations are general, vague, and lack specificity, preventing abuse of the legal process.

JUDGMENT :

Virender Singh, J.

The petitioners have filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr. P.C..) for quashing of FIR No. 298/2020, dated 8.8.2020, (hereinafter referred to as ‘the FIR in question’), registered under Sections 498A, 323, 355, 504, 506 read with Section 34 of the INDIAN PENAL CODE (hereinafter referred to as ‘the IPC’),with Police Station, Sunder Nagar, District Mandi, H.P., as well as, the proceedings resultant thereto, stated to be pending before the Court of learned Additional Chief Judicial Magistrate, Sundernagar, District Mandi, H.P. (hereinafter referred to as ‘the trial Court’).

2. The present petition has been filed on the ground that at the instance of respondent No. 2, Shalini Chauhan, the FIR in question has been registered, in which, the Police has conducted investigation and filed the charge-sheet.

3. After investigation, Police has registered a case under Section 498-A, 323, 355, 504, 506 and 34 IPC and Section of the Dowry Prohibition Act, with Police Station Sunder Nagar, District Mandi, H.P. against Labh Singh, Meera Devi, Randeep Singh, Deepali, Gaurav Bhardwaj and Joginder Singh, whereas, case under Sections 323 , 504 and 506 IPC was registered against one Joginder Singh.

4. The FIR in question was registered at the instance of respondent No. 2, Shalini Chauhan, who has alleged that she was married to accused Randeep Singh, S/o Labh Singh, on 19.4.2019. She has alleged that after sometime of marriage, she has allegedly been tortured for bringing less dowry in the hands of the accused persons. She has further alleged that accused persons had allegedly told her that they had borrowed a sum of Rs. 65,00,000/- and pressurized her to bring that amount from her parents. As per respondent No. 2, accused persons used to abuse her, as well as, her parents. They also used to force her to go to some Baba. They used to ask her to wake up at 5:00 a.m. to perform the puja of said Baba.

5. She has further alleged that her sister-in-law, Deepali and her husband Gaurav (petitioners) used to threaten her. Deepali is alleged to be living in her parents’ house and used to quarrel with her. It is further alleged that in-laws of respondent No. 2 used to threaten her that her brother-in-law is a lawyer and he will, within no time, manage to get divorce and no one can raise finger upon them, as they are having links with the Judges. She has further alleged that on the eve of Diwali, she was at home and nobody talked to her. On the occasion of Bhaiya Dooj, when, she tried to go to her parents, her father-in-law directed her to bring a sum of Rs. 65,00,000/-, otherwise, there is no need to come back. When, she returned back, they asked her to get out of the house. When, she refused to go from matrimonial home, then, they tried to throw her out of the house. She was allegedly beaten by her husband, Randeep Singh. Her father-in-law abused her and started humiliating her.

5.1 Next day, when, parents of the complainant visited the matrimonial home of the complainant to talk to her in-laws, her in-laws started quarreling with them and also beaten them. However, parents of the complainant insisted the complainant to be in her matrimonial home. She has further alleged that when she had joined her duties in the Bank, then, she realized that she is not in a position to hear. On visiting the Doctor, she came to know that there is clotting in her ear.

5.2 When, on