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2025 Supreme(Online)(P&H) 28241

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



envelope alongwith sweets, fruit baskets as token of respect. Meal was arranged for approximately 50 persons; Rs.1100/- were given to the adults and Rs.500/- to the children in cash. Thus, approximately Rs.3 lac were spent. On 10.11.2016, at the time of engagement ceremony, during demonetisation, her father was pressurised by Atul Gautam for giving cash amount for which he expressed inability but when they repeatedly raised demand, a cheque of Rs.51000/- was given. Despite all this, on 11.11.2016 behaviour of the entire family was humiliating, which they ignored. On the very next day of the marriage, her husband and all accused took the jewellery and cash received in muh dikhai in their possession. Her mother- in-law exerted pressure on her father for cheque of Rs.11,000/- and entire kanyadan on the pretext that they were going for Honeymoon. Yet, she was taunted by her mother-in-law and sister-in-law who pressurised her to give her salary and was threatened with expulsion from the house if she did not comply. Her husband Nakul Gautam took her ATM in his possession. Though, she was a victim of mental harassment, she ignored everything due to her family values. In March 2017, she became pregnant. On 11.03.2017 she was taken to Mukhi Hospital for pregnancy check up and at that time the foetus was healthy. In-laws including her husband instead of being happy were upset. After sometime, they started using sesame oil, gave her papaya to eat and subjected her to harassment. Her husband flatly told her that he did not have money to bear a child. On 13.04.2017 she suffered bleeding and the baby had to be aborted. All the accused persons were involved in the crime.

On 08.10.2017 on the occasion of Karwa Chauth, she took gold chain from her mother-in-law and the same was stolen from the house on

10.10.2017. When she informed the accused persons about the theft, she was abused, her parents were called and humiliated and she was ousted from the house. She went to her in-laws house on 07.01.2018 but was not allowed to enter. Her mother-in-law abused her, brother-in-law shut the door claiming that they had dis-inherited Nakul and the house did not belong to him. Her husband was at home but without resolving the issue, he disappeared in his car. Yet, she did not get FIR registered in the hope of resolution. Many times, she and her parents tried to talk to the accused but they dragged her to the Family Court by filing a divorce petition. Nakul Gautam had been living in a house at Gurugram for 1-1/2 to 2 years and had an extra marital affair with one ‘A’. On 28.03.2024, the Family Court passed a decree of divorce and there was no hope for her. She requested for registration of criminal case against the accused persons and for return of her Istri Dhan. During investigation Poonam, Atul Gautam, Sushma were not found involved in the complaint. FIR was only registered against accused Nakul Gautam. On 9.12.2024 offence under Section 313 IPC was deleted from the FIR. Supplementary statement of the complainant was recorded and documents made over by accused Nakul Gautam were taken into possession. During investigation, notice was issued to Bharti for taking the dowry articles but she did not appear to receive the articles. Her father came present in the police station and demanded articles as per his list. He refused to receive the dowry articles present in the police station and a report was registered. After completion of investigation, challan was presented.

Learned counsel for the petitioner submits that marriage of petitioner and respondent No.2 was solemnised on 11.11.2016 and respondent No.2 left the matrimonial home on 10.10.2017. Petitioner filed a petition under Section 13 of the Hindu Marriage Act before the Family Court on 30.01.2019 which was allowed on 28.03.2024. The appeal filed by respondent No.2 was dismissed by this Court on 21.10.2024. FIR came to be lodged against the petitioner on 22.11.2024. He further submits that the wife’s pe

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