N.S.Shekhawat J.

1. This order shall dispose of two petitions i.e. CRM-M-52350-2021, titled ‘Sham Lal Kaushal Vs. Jyoti Kaushal and another’ and CRM-M-135-2020, titled ‘Sunita Kaushal and another Vs. Jyoti Kaushal alias Jeewan’, whereby the petitioners in both the petitions have prayed for quashing of criminal complaint dated 24.03.2014 (Annexure P-11) bearing CIS No. CHI/255/24.03.2014, instituted on 24.03.2014, before the Court of Judicial Magistrate Ist Class, Ludhiana, for the offences under Sections 307, 326, 452, 323, 324, 325, 506, 120-B IPC and all consequential proceedings arising therefrom i.e. summoning order dated 18.04.2018, (Annexure P-15); Committal order dated 12.07.2019 (Annexure P-16); order dated 08.11.2019, dismissing the application for discharge as well as order dated 08.11.2019 (Annexure P-19) whereby charge under Section 307/34 IPC was ordered to be framed against the petitioners.

2. Learned counsel for the petitioners submits that petitioner no.1 (in CRM-M-135-2020) is sister-in-law (Jethani), whereas petitioner no.2 is brother-in-law (Jeth) of respondent/complainant, whereas in CRM-M-52350-2021, the petitioner is the father-in-law of the respondent/complainant. The respondent/complainant was married to Davinder Kaushal (son of the petitioner in CRM-M-52350-2021) in Ferozepur on 26.06.2004, as per Hindu rites and ceremonies and they both stayed together. Two children namely Palak and Honey were born out of the wedlock. However, there were temperamental differences between the respondent/complainant and her husband Davinder Kaushal and being fed up with the marital discord, Davinder Kaushal was addicted to alcohol. Even the couple started residing out of the joint household in the year 2006, as admitted by the respondent/complainant in her statement, Annexure P8, as well held during the police inquiry, Annexure P10. Even Sham Lal Kaushal – petitioner executed an affidavit dated 25.05.2009, Annexure P1, before the Executive Magistrate, Ludhiana, whereby he disowned his daughter-in-law i.e. respondent/complainant and his son Davinder Kaushal from his movable and immovable properties. Sham Lal Kaushal – petitioner also got public notice dated 27.05.2009, Annexure P2, published in Jagbani newspaper to the effect that his son and daughter-in-law were out of his control and had disinherited them from his property. However, the respondent and her husband still had dispute with each other. Ultimately, the respondent filed a complaint dated 20.03.2013, Annexure P3, against her husband and her in-laws’ family to SHO Police Station Women, Ludhiana by levelling general allegations and it was nowhere alleged that the petitioners tried to set her on fire on 16.11.2011, as alleged in the impugned complaint. Even on 30.04.2013, a compromise deed was executed between the respondent/complainant and her husband and they agreed to live peacefully. She also sworn an affidavit dated 30.04.2013, Annexure P4, stating therein that the matter had been compromised and she did not wish to initiate any action on the complaint filed by her against her in-laws’ family due to alleged beatings given by her husband. The respondent/complainant again got a DDR No.6, Police Post Jagatpuri, District Ludhiana, registered, stating therein that her husband had left the house on 29.10.2013. On 23.12.2013, the respondent/complainant again filed a complaint to Commissioner of Police, Ludhiana, against her husband and the petitioners and it was stated that after consuming liquor Davinder Kaushal used to beat her up and he had not come home since October, 2013. She was feeding her children with great difficulty and copy of the said complaint is annexed as Annexure P6. Even, Davinder Kaushal got one DDR no.12 dated 16.03.2014, recorded at Police Post Jagatpuri against the respondent/complainant and stated that the respondent/complainant used to harass and humiliate him and he was residing at a different address. Ultimately, inquiry was conduc