PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL, J.
Harpreet Singh And Another – Appellant
Versus
State of Punjab And Another – Respondent
CRM-M-47211-2023 (O&M)
Decided on : 03-09-2024
JUDGMENT :
Sumeet Goel, J. (Oral)
1. This is the second petition under Section 482 of the Code of Criminal Procedure filed by the petitioners seeking quashing of FIR No.132 dated 19.10.2018 registered under Sections 406, 498-A and 34 of the Indian Penal Code, 1860 (Annexure P-1) at Police Station Doraha, District Ludhiana, Punjab and order dated 09.06.2021 passed by Sub-Divisional Judicial Magistrate, Payal (Annexure P-7) with all subsequent proceedings arising therefrom.
2. It is pertinent to mention herein that earlier a petition (CRM-M-48909-2018) was also filed on the same cause of action which was dismissed as withdrawn, vide order dated 26.09.2019; relevant whereof reads as under:
"Learned State counsel on instructions from HC Harpal Singh, Police Station Doraha, District Ludhiana has made statement that upon completion of investigation, the police has prepared cancellation report and undertakes to file the same in appropriate Court within seven days from today.
Faced with this, learned counsel for the petitioners on instructions from his client has made statement withdrawing the present petition however, reserving right of the petitioners to come up before this Court afresh if so necessitated.
Allowed to do so.
The petition stands dismissed as withdrawn with liberty aforesaid"
3. A perusal of the above-mentioned FIR shows that it was registered at the behest of the complainant (respondent No.2 herein), who was the wife of petitioner No.1 and daughter-in-law of petitioner No.2. A thorough reading of the allegations levelled in the FIR makes it abundant clear that the main thrust of the allegation in the FIR is that the complainant was working as an Editor in PCDA (WC) at Jabalpur (MP) and the talks of her marriage began in 2015 with Harpreet Singh of Akalgarh (petitioner No.1 herein); that her engagement was solemnized on 27.12.2015 with Harpreet Singh (petitioner No.1), and later on, the Court marriage was registered on 06.05.2016 in Jabalpur, with all the expenses being borne by the complainant. On account of the pressure being exerted by her husband Harpreet Singh (petitioner No.1) and his family, a ceremonial marriage was also solemnized on 20.11.2016 at Shagun Palace, Doraha, in which a lot of gold articles were given and a proper function was organized with great pomp and show. After the marriage, her mother-in-law (petitioner No.2 herein) took the possession of all the gold articles of the complainant. It was further alleged by the complainant that her husband namely Harpreet Singh (petitioner No.1) often used to stay away from her by making excuses on one pretext or the other and pressured to get her transfer to Punjab. It was further alleged that the petitioner No.1 (Harpreet Singh) had treated her poorly, favored his sister-in-law Baljinder Kaur, and demanded financial support, including paying for his vehicle loan. On her refusal, the complainant was given severe beatings. Furthermore, the complainant's in-laws pressured the complainant either purchased a house in Chandigarh or make arrangement of Rs. 25-30 lacs in case she wanted to live with her husband (petitioner No.1). It has been further alleged that the Harpreet Singh and his family members had repeatedly harassed and mistreated the complainant, despite her efforts to fulfill their demands. After being subjected to mental and physical abuses, the complainant is now living alone in Chandigarh as her in-laws had cut off all their contacts with her. It was further alleged in the FIR that the complainant had spent huge amount on her marriage and on her in-laws. However, on account of constant harassment being meted out to complainant by her in-laws, she was in severe mental distress.
4. In view of the above circumstances, the FIR in question 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 Sections 406 and 498-A of IPC is made out a
The court established that FIRs arising from matrimonial disputes can be quashed if the complainant has benefited from a settlement and is using the legal process to harass the accused.
The High Court's power to quash FIRs is limited and should only be exercised in rare cases where allegations do not constitute a cognizable offence.
Point of Law - Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
The High Court can quash FIRs against individuals named in dowry harassment cases when allegations are general, vague, and lack specificity, preventing abuse of the legal process.
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