PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Harpreet Singh Brar, J.
Krishna Mangla And Others – Appellant
Versus
State Of Punjab And Another – Respondent
CRM-M-4778-2018 (O&M), CRM-M-48602-2017 (O&M) and CRM-M-33548-2018 (O&M)
Decided on : 18-07-2024
JUDGMENT :
Harpreet Singh Brar, J.
CRM-M-48602-2017
This petition has been preferred under Section 482 Cr.P.C. seeking quashing of the impugned order dated 10.10.2017 (Annexure P-6) passed by Punjab State Commission for NRIs, Chandigarh.
As per the order dated 29.08.2018 passed by this Court, the petitioner- Suraj Bahadur Mangla has since expired.
Consequently, the proceedings qua him stand abated.
CRM-M-4778-2018 & CRM-M-33548-2018
1. This common order of mine shall dispose of the above-mentioned petitions which have been preferred under Section 482 Cr.P.C. seeking quashing of the FIR No.15 dated 13.03.2017 registered under Sections 498-A of IPC at Police Station- Women Patiala, District Patiala, and all subsequent proceedings arising therefrom.
For the sake of brevity, facts are being culled out from CRM-M-4778-2018.
2. Succinctly, the facts are that the complainant made a complaint before the concerned police, wherein, it was alleged that marriage of the complainant was solemnized with Sunil Gupta on 21.04.2007. At the time of their marriage, the parents of the complainant gave Rs.06,25,000/- as dowry amount to Sunil Gupta (husband), Krishna Mangla (mother-in-law) and Suraj Bahadur Mangla (father-in-law). The aforesaid amount was utilized by the accused persons to buy a white Santro car. The ornaments worth Rs.10 lacs given to the complainant were also taken into possession by her mother-in-law immediately after the marriage. The accused also made continuous demands for money from the complainant and upon her refusal, they mistreated her. The mother-in-law of the complainant made her son transfer his entire salary into her account due to which the complainant was forced to spend her entire earnings on the daily household needs. Since the beginning of her marriage, the complainant was treated like a slave and was not even allowed to meet her family and friends. As a consequence of her refusal to meet their dowry demand, the complainant was mercilessly beaten by the accused on several occasions and was threatened with dire consequences. In 2008, the complainant gave birth to a son and even after that the accused did not mend their ways. The accused further demanded Rs. 1 lac from the parents of the complainant when they came to meet her in her matrimonial house after the birth of her son. When they refused to meet the aforesaid demand, the accused took the complainant to a separate room and threatened to kill her and her son due to which she unwillingly accepted their demand. Along with the aforesaid amount of Rs.1 lac, a big Samsung TV and 2 gold chains were given to the accused, which were misappropriated by them. In June 2009, husband of the complainant went to United Kingdom (UK) and the complainant along with her son remained at the matrimonial home and continued to face harassment at the hands of her in-laws. One day, when the complainant was alone at home, her father-in-law got intoxicated on alcohol and made vulgar comments qua her physical appearance due to which she had to lock herself in a room. Further, she was threatened by her mother-in-law to keep silent about the entire incident. Then in March 2011, the husband of the complainant visited India and during that period that she conceived her second child. When the complainant revealed about her second pregnancy to her husband who had flown back to UK, she was abused on the phone and was told to get an abortion. Subsequently, she was forcibly taken to a gynaecologist by her in-laws to get an abortion done. Despite several requests from the complainant, her husband showed no willingness to call her to UK. So, she requested her employer for a deputation in UK and in October, 2012 she got an approval for a project and went to UK along with her son. When the complainant went to see her husband, she found out that he was living with another woman for the past 6 months and when she confronted him, he beat her up mercilessly. Even in UK, her husband forced her to part with her en
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.
(1) Bharatiya Nyaya Sanhita, 2023 – Sections 85 and 86 – Matrimonial cruelty – Section 86 is nothing but verbatim reproduction of Section 498A of IPC – Legislature requested to look into the issue ta....
Inherent powers under Section 482 of CrPC should be exercised sparingly to prevent misuse of criminal law, quashing only when FIR doesn't disclose an offence.
In 498A matrimonial cases, quash proceedings against relatives on vague/general allegations lacking specific roles, especially with FIR delay, to curb family over-implication and process abuse.
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
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