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2022 Supreme(Online)(P&H) 77100

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



506 IPC, Police Station City Kaithal. Petitioners are accused in the FIR. Prayer in all the three petitions is for quashing of FIR No. 470 dated 26.08.2021 under Sections 406, 498-A, 506 IPC, Police Station City Kaithal along with all subsequent proceedings arising thereto.

2. The facts as set out in the FIR, narrated briefly, are: Complainant alleged that she was married to Amar Roy on

24.04.2012 as per Hindu rites and ceremonies with great pomp and show in Royal Palace Haryana and about Rs. 60,00,000/- were spent in the marriage. At the time of marriage which was mediated by Rajesh kumar sharma (maternal uncle in law) and Ashwini Sharma (father in law of elder brother in law), it was represented that her husband was M.C.A. Sufficient dowry was given in the marriage along with gold ornaments and other valuables which were handed over to accused persons. Approximately 40 tolas of gold and a Santro car was given by her parental family which was handed over to the accused persons on 20.04.2012. The record of ‘milnis’ which were performed was also retained in writing. After marriage, she was subjected to taunts physical and mental harassment for dowry. Accused raised demands for Innova car and asserted that the dowry given was insufficient, of inferior quality. In 2012, her husband called her father and demanded an Innova car who assured that Innova car would be given when he was financially stable. Neena Roy (mother in law) and Dushyant roy (elder brother in law) said that no matter what, they would take it from him. In December 2012, she was pressurized by accused persons to bring Rs. 12 lacs. from her family so that they could sell the Santro car and buy a new Innova car. Accordingly, Rahul (brother of complainant) and his friend went to her in-laws house and handed over the said amount to the accused which was kept in the almirah by the mother in law. In march 2013, a new Innova car was bought in the name of Amar Roy with the money given. The old Santro car was to be returned to her family but was sold to someone else. Complainant further alleged that there was excessive interference of Rajesh Kumar Sharma (Uncle in law) ,Ashwani Sharma (elder brother in law’s father in law) and Meenakshi Sharma (aunt in law) who instigated her in laws to harass her for bringing more dowry. She was harassed and beaten. Her husband was a drug addict and when she confronted her in laws, at first, they refused to acknowledge it but when her family and relatives confronted them, they admitted and assured that her husband would quit drinking.

3. Complainant further stated that she was blessed with two children from the marriage, a daughter Ruhanika was born on 17.04.2014 by caesarean and the expenses were borne by her paternal family when her in- laws refused to bear the expenses. On the birth of her daughter, Rs. 2 lakhs were given in ‘chhoochak’ as a custom in the community yet, accused persons were not happy and taunted her for giving birth to a girl child saying that her father would make arrangements for her dowry. Thereafter, she was subjected to repeated harassment and was beaten up for dowry. In 2015, she came to know that her husband was only 12th pass when an employee Sumit Sharma and another employee of Indus bank, Feroze Gandhi Market, Ludhiana along with a police officer came to her in laws house and informed that he had given false documents to get the job. Resultantly, her husband was fired from the job. Her in laws threatened her with dire consequences if she disclosed the incident to her parental family. In 2016, health of her father-in-law was deteriorating and her in laws were bearing the expenses of his treatment. She was asked to get money from her parental family for the expenses of his treatment. On her asking, her parental family started sending Rs. 25,000/- per month. In January 2017, her in-laws called her brother to their house and asked him to settle her husband in Kaithal and to keep sending money in the mother in law's

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