The court held that proceedings under Section 125 Cr.P.C. are summary in nature and do not conclusively determine marital status, allowing serious allegations of dowry harassment to proceed to trial.

JUDGMENT :

Sumeet Goel, J.

The present petition has been filed under Section 482 of the Code of Criminal Procedure 1973 (hereinafter to be referred as “Cr.P.C.”), by the petitioner for quashing of FIR No.72 dated 25.04.2023 (impugned FIR) registered under Section 498-A of Indian Penal Code, 1860 at Police Station Dasuya, District Hoshiarpur, Punjab and all consequential proceedings arising therefrom.

2. It would be pertinent to refer herein to the factual matrix of the present lis:

(i) The impugned FIR, as spelt out in the present petition, is as follows:

“Application for taking legal action against XXXX; regarding demand of dowry and money etc. while being in illicit relation giving beating, different types of metal & physical torture, attempt to kill evicting out of the house, for not giving expenses, denial from setting in family, keeping the son forcibly, refrain from the compromise effected regarding giving son and regarding imparting justice. Respected Sir, It is submitted that I, XXXX wife of XXXX and daughter of XXXX am resident of Village XXXX and submits that my marriage was solemnized with above mentioned XXXX on 08/2011 and it was our love marriage and the above XXXX was working as Class-IV employee at Air force, XXXX. After the marriage, I and the said XXXX started living as husband and wife. After marriage my husband behaved well towards me for some time but later he started torturing me in different ways sometimes by finding fault in my work and sometimes in my walking etc. and then he started beating me. At that time I was pregnant, and then he started harassing me to bring money and dowry goods etc. from my parental home but I could not even go to my parental home as I got married of my own free will, for which he started forcing me. During this time, my son was born, and after the birth of my son, my husband often started coming home late at night and many times he used to stay out of the house and used to quarrel when asked and even after coming home, he often kept talking to someone on the phone. And later, on checking his phone I found that he had illicit relations with many girls, regarding which I tried to make him understood but he started beating me and many times even evict me out of the home. Then I contacted my parents who got agreed with me/my wish and in order to settle my family they kept giving goods and cash etc. many times. But due to the greed of my husband and his illicit relationships, I was persecuted but I continued to bear everything for the future of my son and to settle my family. Finally, after 5 of marriage, my husband beat me and tried to kill me and took away my child XXXX and expelled me out of the house in three clothes. From that time I am residing in my parental home with my parents and my husband neither handed over my son to me nor he gave expenses etc. to me. And in the 11th month of the year 2019, on filing application by me, compromise was got effected between us that he will hand over my son to me and will pay expenses etc. as well but he refrained from the same. The accused is also refusing to settle me; giving me my son and from giving expenses etc. The above accused is doing all this on the instigation of his family and it is running my settled family and my child’s future. I want to settled my family, but the above accused kept on committing torturing me due to the greed of dowry and money, kept on beating me and even tried to kill me and forcibly took my child away and evicted me from home and refused to give rightful dues of me and my child and is liable for punishment. And I want my child and my rights to be protected. Hence I need help from you. Therefore, it is requested that appropriate action be taken against the above-mentioned accused for torturing me for the sake of dowry and money and due relations, for attempt to kill illicit me and for forcibly taking my child away and evicting me from home and refraining from compromise and my rights, expenses and your faithf