The court upheld that specific allegations in the FIR constituted a prima facie case for dowry demands and harassment, warranting continuation of proceedings under Section 482 Cr.P.C.

JUDGMENT

Mrs. Manisha Batra, J.

The present petition has been filed by the petitioners under Section 482 of Code of Criminal Procedure seeking quashing of FIR No. 111 dated 09.05.2023, registered under Sections 406, 498-A of IPC, at Police Station City Kapurthala, District Kapurthala.

2. Brief facts of the case relevant for the disposal of the present petition are that the above mentioned FIR was registered on the basis of a complaint submitted by respondent No.2-Kirti Sood, who is daughter-in-law of the petitioners, alleging therein that she got married with Karan Sood, son of the present petitioners, on 30.11.2017 according to Hindu rites and ceremonies. On the demand of her in-laws family, the function of ring ceremony was performed at Chandigarh. At the time of marriage, several gold ornaments were given to members of her in-laws' family. Huge amount of money was spent on the marriage. She alleged that four months after their marriage, her husband had gone to Switzerland and thereafter, the other members of his family had started maltreating and harassing her. She was sent to her parental house to do IELTS course on the pretext that she would be taken to Switzerland thereafter. She was pregnant at that time and had given birth to a girl child. The expenses of her IELTS course and delivery were borne by her parents. Her husband had come to India after birth of her child and had taken her to her nuptial home but thereafter all of them had started harassing her and extending threats to her. Even her parents, who visited to meet her, were mistreated. She was thrown out of her house and even police was called by her father-in-law, who disclosed that he had disowned his son as well as the complainant. She further alleged that her husband along with her father-in-law had extended threats to kill her family members as well as herself and while raising demand of a sum of Rs. 10 lacs, had told her that she would be settled in her matrimonial house only when she would bring this much amount. She prayed for taking penal action against the culprits. After registration of the FIR, investigation proceedings were initiated. During investigation, the present petitioners joined investigation and were extended benefit of bail. After completion of investigation, challan under Section 173 Cr.P.C. was presented in the Court for trial of the present petitioners. Their son Karan Sood, who is working abroad, has not been arrested.

3. The petitioners have filed this petition for quashing the aforementioned FIR and the proceedings emanating therefrom on the grounds and learned counsel for the petitioners argued that the FIR in this case has been registered only with an intent to harass the petitioners; the same is counter-blast to the disinheritance of the complainant and her husband by the petitioners. It is in fact the complainant-respondent No.2, who is harassing and extending threats to the petitioner. She has been sending emails and whats app messages to her husband threatening that she would kill their daughter. She uses filthy language and has levelled false allegations. On 16.06.2022, she had come to the house of the petitioners and after hurling abuses to them, had got a false case bearing FIR No. 53 registered against them and thereafter FIR of this case was registered. There are no specific allegations of cruelty or demand of dowry by the petitioners. The petitioner No.1 is suffering from several chronic ailments and he is even unable to stand. His condition has further deteriorated due to harassment meted out at the hands of respondent No.2. The allegations in the FIR, even if taken on face value, do not constitute any case as against the petitioners. Therefore, it was argued that the FIR No.111 and the subsequent proceedings arising therefrom are liable to be quashed.

4. Learned State counsel has argued that the Investigating Agency, after conducting thorough investigation in the case, had filed challan for commission of offences punishab