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2016 Supreme(P&H) 495

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Anita Chaudhry
Crl. Misc. No. M-8720 of 2015
Chamel Singh & Anr.
v.
State of Haryana & Anr.
{Decided on 28/01/2016}

Advocates:
For the Petitioners:Mr. Sandeep Verma, Advocate.
For the Respondent: Mr. Surender Singh, AAG Haryana.
For the Respondent No.2:Mr. Vishal Nehra, Advocate.

Headnote:Indian Penal Code, 1860, S.406 & S.498-A--Cruelty to Wife--Misappropriation of Dowry Articles--Quashing--Petitioners were in-laws of the complainant--She alleged that on instigation of parents-in-law, brother-in-law, sister-in-law, husband used to give beatings and pressurized her to bring a car--FIR clearly revealed that there was no whisper about the dowry being handed over to petitioners which they had misappropriated--They were aged and living separately--Could not be expected that they would be beneficiaries from alleged demand of car--Wild and general allegations demand of car--Wild and general allegations made out of frustration and to widen the net--No date or time was indicated by complainant when petitioners gave beatings to her--No instance of criminal intimidation by petitioners was mentioned in FIR--Hence, continuance of prosecutrix against the petitioners would be sheer abuse of process of law--Impugned FIR and consequent proceedings quashed--Criminal Procedure Code, 1973, S.482.

JUDGMENT

Mrs. Anita Chaudhry, J.: (Oral) - This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No. 208 datd 19.06.2013, registered under Sections 323, 406, 498-A, 506 read with Section 34 IPC at Police Station Mahesh Nagar, Ambala by respondent No.2 and the subsequent proceedings.

2. The facts, necessary for disposal of the instant petition are being noticed first.

3. The petitioners are the in-laws of the complainant/respondent No.2 Manju Rani, who was married to their son Krishan Kumar on 10.10.2010. She had made a complaint to the police against the petitioners, her husband Krishan, brother-in-law Darshan Singh, his wife Rubby and sister-in-law Seema. It was alleged that the complainant was working as a Constable in Haryana Police. After the marriage, she was harassed and beaten by the accused for bringing dowry. Earlier she had filed a complaint before the Women Cell, where her brother was beaten by her husband and father-in-law, but with the intervention of respectables the matter was compromised. She then joined her husband at Sirsa where he was posted as Assistant Manager in a bank. There also she was beaten by her husband on trivial issues and the accused interfered in their matrimonial life. The allegations were that and on the instigation of parents-in-law, brother-in-law, his wife and sister-in-law, Krishan Kumar used to give beatings to her and pressurized her to bring a car. On 03.06.2013 her husband had given beatings that she became unconscious. The police took her to Civil Hospital for treatment and booked her husband under Section 107/151 Cr.P.C. The complainant also apprehended danger to her life at the hands of her husband, father-in-law and brother-in-law.

4. After registration of the FIR, investigations were carried out. Krishan Kumar was arrested on 03.07.2013 and remanded to police custody. Complainant Manju Rani moved an application Annexure P-2 and informed the police that differences between her and her husband had been resolved with the intervention of relatives and with her free will she wanted to live with her husband and stated that her dowry articles be not got recovered. Later, on 12.08.2013 she moved another application, Annexure P-3 before the police and stated that neither her husband nor his parents had come to take her back during this one month or talk on the issue and requested the police for arresting the accused and recovery of the dowry articles.

5. The investigating agency took up the matter again. Challan was filed against the husband and the petitioners. Darshan Singh, Rubby and Seema were found innocent. The petitioners have been charge-sheeted and trial has commenced.

6. Quashing has been sought on the ground that the petitioners were living separately at Kurukshetra away from the married couple and did not interfere in their life and no specific entrustment or demand had been assigned to them. The complainant was posted at Ambala as a Constable with Haryana Police and the husband was posted at Sirsa and they were residing at their respective place of posting and in no manner they could be beneficiaries of the alleged demand of car. It was pleaded that the FIR contained vague and general allegations and they had been roped in just to settle scores.

7. In the reply filed on behalf of the State, it was pleaded that specific allegations had been levelled by the complainant against the petitioners for demand of car, physical torture and harassment and during investigation dowry articles were recovered from their house. It was also averred that charge has been framed and trial against the petitioner and Krishan Kumar had commenced.

8. The complainant opted not to file reply.

9. I have heard learned counsel for the parties and have gone through the paper-book carefully.

10. Learned counsel for petitioners had urged that the petitioners are the in-laws of the complainant, who are living separately and they had been roped in just to widen the net and the instant FIR is out















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