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1990 Supreme(P&H) 261

PUNJAB & HARYANA HIGH COURT
Jai Singh Sekhon, J.
Krishan Lal
Versus
State Of Haryana
Criminal Miscellaneous No. 362 of 1990,
Decided On : APRIL 24, 1990

Vague allegations without specific details are not sufficient to allow the continuance of criminal proceedings.

Headnote:

Dowry - Quashing of FIR - Vague Allegations

Fact of the Case:

The complainant alleged that she was married according to Hindu rites and her family spent a significant amount on the marriage. She further alleged that her husband and his family members maltreated her for bringing less dowry, demanded money for television and cooking gas, and ultimately turned her out of the house. The complainant also claimed that the accused failed to return the dowry articles entrusted to them.

Finding of the Court:

The court found that the allegations regarding entrustment of dowry articles and torture were vague and lacked specific details. It noted that the accused were residing separately from the complainant's husband, and the vague allegations could not be cured by witness testimony at trial. Therefore, the court quashed the FIR and the proceedings against the accused.

Issues: Vague allegations of entrustment of dowry articles and torture, residency of the accused, and the sufficiency of the allegations to continue criminal proceedings.

Ratio Decidendi: The court held that vague allegations without specific details and inherent infirmity regarding the allegations were not sufficient to allow the continuance of criminal proceedings against the accused. It relied on the consistent view of the court and precedent to support its decision.

Final Decision: The court quashed the FIR and the proceedings instituted on its basis against the accused petitioners.

Judgment

Jai Singh Sekhon, J.

1. Santosh Rani, complainant, in F. I. R. No.213 lodged on 4-7-1988 at P. S. City Kaithal had alleged that she was married to Baldev Raj accused on 4-4-1984 at Kaithal according to Hindu rites, Her parents and brothers allegedly spent Rs.40,000.00 on her marriage. The complainants brothers had spent Rs.3,000.00 on the Rokna ceremony, i. e. the accused was given Rs.1100.00 as Tikka besides spending of Rs.1400.00 on sweets etc. and Rs.500.00 on milni. Baldev Raj accused No.1 was also given Rs.5000.00 in cash with the understanding that he will deposit the same with the Bank in the name of the complainant as her individual exclusive property. Piare Lal accused is the father of Baldev Raj husband while Babu Ram, Krishan Chand, Om Parkash and Sham Lal are the brothers of the husband. It is alleged that the dowry articles worth Rs.24/25,000.00 were entrusted to both the accused jointly. Soon after the marriage, Baldev Raj, i. e. , the husband and the other family members started maltreating the complainant for having brought less dowry and demanded Rs: 5000.00 for television and cooking gas. The family of the complainant paid this amount after about three months of the marriage but the accused failed to purchase the television or the cooking gas. The respondents continued torturing the complainant to the extent of putting her to thinking of committing suicide. Ultimately, she was turned but of the house by the accused respondents in the month of July 1985, as she failed to fulfill their demand of Rs.10,000.00 from her parents for the purchase of scooter. She was also mercilessly beaten at the time of turninglier out. It is further averred that Baldev Raj accused failed rehabilitate her despite the intervention of respectables and they have refused to return the above referred articles of dowry. Along with the FIR (Annexure p.2) list of articles given in dowry was appended.

2. All the accused-petitioners excepting Baldev Raj husband have moved for quashment of the first information report mainly on the ground that the allegations regarding entrustment of the dowry articles and torture are vague and that the petitioners are residing separately from aforesaid Baldev Raj husband and there is no question of returning the articles of dowry or torturing Santosh Rani by them.

3. On notice the respondent State has filed return contending that the allegations against petitioners regarding entrustment of dowry and maltreatment are specific and that the chalan has been put in Court and the trial Court shall examine all these aspects of the matter while framing the respective charges.

4. I have heard the learned counsel for the parties besides perusing the record. In the case in hand, the first information report has been lodged by Santosh Rani herself and she has not specifically stated in it to whom the articles of dowry at the time of marriage were entrusted except alleging that all these articles were received by all the accused. It is not disputed that in the statements of the other witnesses under sec. 161 of the Code of Criminal Procedure, there are no specific allegations in this regard against any of the accused the specific allegations pertain to entrustment of Rs.5000.00 to Baldev Raj husband of the complainant and he has not applied for quashment of these proceedings. The allegations of torture are also of general nature as no time, date and the manner of maltreatment had been mentioned in the rust information report.

5. There is considerable force in the contention of the petitioners that they are residing separately from aforesaid Baldev Raj as the description of the residence of the accused-petitioners in the rust information report so reveals. The petitioners are described to be residents of Roorkee while Baldev Raj husband of the complainant is residing at Haridwar. The perusal of Annexures P.4 and P.5 filed by the petitioners also shows that Babu Ram, Kishan Chand, am Parkash and Sham Lal are inter


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