IMPORTANT POINT
The court established that civil disputes cannot be transformed into criminal offences under Section 498-A IPC without sufficient evidence of criminal conduct.

JUDGMENT :

SUMEET GOEL, J.

1. Present petition has been filed under Section 482 of the Code of Criminal Procedure by petitioners for quashing of FIR No. 148 dated 07.09.2015 registered at Police Station City South Moga, District Moga, Punjab under Section 498-A of the Indian Penal Code, 1860.

2. Perusal of the above-mentioned FIR shows that it was registered on behest of the complainant who is daughter-in-law of the petitioners. A thorough reading of the allegations in the FIR makes it clear that the main thrust of the allegations in the FIR is that she as well as her husband (son of the petitioners-accused) are not being permitted by the petitioners to live in their ancestral house. It is alleged in the FIR that in the month of April, 2014 the complainant and her husband were forcibly evicted from their ancestral house by the petitioners, but three months past thereafter, they were again taken back into the house by the petitioners. However, on 16.05.2015 when the husband of the complainant was away to Patiala, she was again moved out of the house by petitioners, and her mother took her along to her parental home. The final request made to the police in the FIR is that the complainant and her husband be put back in the house of the petitioners, which is alleged to be their joint property.

3. In the initial complaint made to the police the complainant had named her father-in-law, mother-in-law, and sister-in-law as accused. However, prior to registration of the abovementioned FIR, it seems a preliminary enquiry was conducted by the police. During the said enquiry the police concluded that marriage of complainant was performed with son of petitioners, and the said alliance between the parties was made through Dera Sacha Sauda, their religious sect. It was concluded by the police that since the petitioners were not happy with the dowry received in the marriage and as such were pressurizing their son to divorce the complainant. As such the police recommended for the registration of FIR against the petitioners under Section 498-A of the IPC. Sister-in-law of the complainant was found innocent by the police and no action was recommended against her.

4. In the above circumstances the above-mentioned FIR came to be registered against the petitioners. In final report filed by the police under Section 173 of the Cr.P.C., after due investigation, the police concluded that no offence under Section 498-A of IPC is made out against the petitioners, and that the FIR was wrongly registered against the petitioners. Accordingly, the report seeking cancellation of the FIR was filed by the Police, in the Court of learned Chief Judicial Magistrate, Moga.

5. The said cancellation report filed by the police was rejected by the learned Chief Judicial Magistrate, Moga on 22.02.2021 by passing the following order:

“Cancellation report presented today. It be registered. Complainant Jyoti appeared and suffered statement to the effect that the matter has been compromised between her and her in-laws. Therefore, she agrees with the present cancellation report submitted by the police today in the court and she has no objection, if the present cancellation report submitted by the police, is accepted by this court. The complainant has been duly identified by above said ASI Gurmej Singh and even copy of the AADHAR Card of the complainant has been taken on file in token of proof of her identity. Perusal of the file reveals that the accused had committed an offence punishable under Section 498-A of IPC which is not compoundable in nature. It appears that in order to avoid the proper legal proceedings, the present cancellation report has been filed. Accordingly, in view the nature and gravity of the offence committed by the accused, this Court is not satisfied with the statement suffered by complainant in the Court. As such, present cancellation report submitted by the police is hereby rejected and same is ordered to be sent back for further investigation. Police papers