PREM SAGAR SAWHNEY Vs. STATE

JUDGEMENT

(1.) This is a petition seeking quashing of FIR No. 211/99 lodged by respondent No. 2 at Police Station Keshavpuram under Sections 498A/406/34 of IPC. Quashing of FIR has been sought on the grounds that (i) the husband of the complainant, who was the main accused, has since expired and (ii) the complainant has already stated before this Court that she has no grievance against other family members.

(2.) Respondent No. 2, who is present in the Court, states that considering the conduct of the petitioners, she is not in a position to enter into a settlement with them.

(3.) It has been alleged in the FIR that the husband of the complainant, Shri Rajiv Sawhney, her mother-in-law Smt. Prem Sawhney, her brother-in-law Shri Rajiv Sawhney, her sister-in-law Smt. Poonam Sawhney, her father-in-law Shri Prem Sagar Sawhney and her brother-in-law Shri Rajesh Sawhney, had been treating her with physical and mental cruelty so as to compel her to commit suicide and to cause injury and danger to her life, limb and health. It has been further alleged that the complainant has been harassed and coerced by the above named accused persons who demanded and took dowry, threatened to kill her, abused her, blackmailed her and misappropriated her entire istridhan including gold jewellery and cash which they refused to return despite demands. It was further alleged that the complainant was finally thrown out of the matrimonial home on 5.4.1999. The list of articles of istridhan claimed by the complainant from the accused persons was also annexed to the FIR lodged by her. The value of her istridhan is claimed to be Rs. 13.84 lakhs. It was alleged in the FIR that the husband of the complainant, use to beat her on being instigated by accused No. 2 to 6, as a result of which, she could spent only 9 to 10 months in the matrimonial home. It was alleged that accused No. 5 Shri Prem Sagar Sawhney, father-in-law of the complainant, purchased a flat in August, 1996 and there was a demand of Rs. 2 lakhs for purchase of that flat which resulted in a serious fight on 2.11.1996.