SURESH KUMAR KAMBOJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are father-in-law, mother-in-law, brother-in- law (jeth) and sister-in-law (jethani), have filed the present petition under Section 482 Cr.P.C. for quashing the FIR No.199 dated 15.05.2018 registered under Sections 323, 377, 406, 498-A, 506 and 120-B of IPC at Police Station Farakpur, District Yamuna Nagar (Annexure P-1) and all consequential proceedings arising therefrom.

(2.) Briefly stated, the aforesaid FIR was registered at the behest of respondent No.2-Nitu Kamboj whose marriage was solemnized with Varun Kamboj (i.e. son of petitioners No.1 and 2) on 02.12.2008. As per the FIR, in the marriage, the parents of the complainant had incurred expenditure more than their status and had given gold jewellery and other dowry items to the accused as istridhan. However, after the marriage, the complainant started living in the matrimonial home at House No.G-199, Sector 10, D.L.F., Faridabad, but after 15 days of marriage, the accused started harassing her while saying that they were expecting a luxury car in dowry, whereas her parents have not given them a luxury car. They received big proposals for the marriage of their son. Accused started demanding a car and cash of Rs. 10 lacs and rather threatened that when she will go to meet her parents, then return after fulfilling their demands. They demanded Audi car and Rs. 10 lacs cash. Parents of the complainant had shown their inability to meet the demands as they had already incurred enough expenses in the marriage, but still in order to make the complainant happy and on the demand of the accused, her parents had given Rs. 50,000/- cash. But the accused did not mend their ways and continued to harass her. Two daughters were born to the complainant on 25.10.2009 and 15.07.2014. The accused continuously harassed and physically tortured the complainant for fulfilling their illegitimate demands. A plot (serial No.298, dated 04.03.2013) was purchased by the complainant with the help of her father and out of her savings, but after some days, the accused started giving beatings to the complainant for the purpose of transfer of said plot in their name. Before the birth of second child in the year, 2013, the in-laws pressurized the complainant for sex determination test and stated that they had talked to the concerned doctor that in case there is a male fetus, they will keep him and in case, it is a female fetus, the pregnancy would be aborted. However, the complainant refused for such test and on 01.04.2014, the accused given beatings to her. They did not given her full diet and even did not get her checked from any good doctor. On August, 2011, the accused i.e. parents-in-law, jeth-jethani demanded from her Rs. 2 lacs and said to take this amount from her parents. Accordingly, she informed her father and on 13.08.2011, her father gave Rs. 1,25,000/- to the accused so that the greed of the accused can be satisfied. Again on 13.12.2013, father of the complainant given Rs. 1,50,000/- to the accused, but the accused tortured and abused her continuously. On 01.03.2014 in the night, her husband came in a drunken condition and made unnatural sex relation with her without her consent, for which, she suffered the whole night, but the accused did not bother all this. All the accused in conspiracy separated the accused on 02.03.2014 and sent her to live in a rented house at Sector 11, Faridabad. They also stated that the plot which is situated in Sector 11, Tullip Housing Private Company, EBlock, Faridabad, is theirs (accused) and on allotment, the same will be given to the complainant. The accused also started to visit the rented house. During this time, the complainant came to know that one girl, namely Vandana Kaushik had come in relation with her husband. However, when she complained to the accused regarding this relationship of her husband, instead of stopping him, they said that she (complainant) is not beautiful, whereas the other lady (Vandana) is beautiful and it would be nice if Varun marry with that lady. In the first week of November, father of the complainant gave Rs. 2 lacs to the accused, so that she could live peacefully in her matrimonial home, but still the accused did not mend their ways and on 14.08.2015, all the accused in collusion with each other put pressure on the complainant to fulfill their demands, but since she had shown her inability to meet such demands, all the accused gave her beatings. Still her parents in October, 2015 made understand all the accused and on their demand, gave Rs. 1 lac cash. In the night of 25.02.2016, her husband made unnatural sexual relations with her and she suffered with pain for the whole night on this count, but her husband (Varun) did not bother all this. She told this incident to her mother-in-law, but she (mother-in-law) did not listen to her and the next day i.e. 26.02.2016, her jeth (petitioner No.3-Gaurav Kamboj) dropped her husband-Varun at the house of Vandana. The accused did not improve themselves and continuously tortured her to sell out the plot. The money which was deposited in her name and in the name of her daughter Dhanya, petitioner No.2 (mother-in-law) by torturing her, got her signature affixed and drawn Rs. 42,000/- on 07.11.2016 through cheque and Rs. 13,000/- in cash. On 06.03.2017, petitioner No.1 (father-in-law) forcibly took a cheque from her for a sum of Rs. 2,50,000/-.

(3.) Learned counsel for the petitioners submits that petitioners No.1 and 2 are old parents-in-law of the complainant. Moreover, petitioner No.2- Sanyogita Kamboj is a patient of cancer. Petitioners No.3 and 4, who are jeth and jethani of the complainant, are staying with petitioners No.1 and 2 in a separate house. He refers to the address given in the memo of parties and submits that the complainant and her husband are residing separately in different accommodation i.e. Sector 28, Faridabad. Earlier, they were residing in Sector 11, Faridabad. There is a tendency to implicate all the near relatives in the dispute like the present one. Moreover, the marriage between the parties was solemnized on 02.12.2008 and, therefore, the demand of dowry after 10 years of marriage is quite unrealistic. At the most, the dispute, if any, is between the complainant and her husband and the petitioners cannot be made to suffer merely for the reason that they are the parents and brother and bhabi of the husband of the complainant.