ANAND PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ANAND Pal and others have come to this Court in this criminal miscellaneous under section 482, Cr. PC for quashing of the First Information Report No. 924 dated 26-9-90, registered at Police Station City, Karnal under sections 498-A and 406, Indian Penal Code.

(2.) THE impugned FIR Annexure P2 was registered on the basis of a complaint filed by Smt. Krishna Rani, respondent-2 in the Court of the Chief Judicial Magistrate, Karnal. According to the averments made therein, she was married to Anand Pal petitioner in February 1987. At the time of marriage, the parents and other relations of the respondent gave customary dowry articles to her. These were her Istridhan. As per the custom, at the time of Doli, all the atricles were handed over to all the accused persons at Karnal which were duly received by them in presence of the respectables. The complainant remained at her in-laws house which consisted of all the petitioners but their behaviour towards her was not good. Her husband, along with others used to give her beating. She was insulted and they all misbehaved with her for not bringing sufficient dowry. She had informed her parents of these facts and efforts were made to bring about reconciliation. She was treated with cruelty, both physical and mental, by her husband at the instance of all the other accused-persons and turned out of their house after giving severe beating. She had then brought an application under section 125. Cr. PC. The accused persons were approached to return the dowry articles, but they refused to do so. Even before the Panchayat, her husband dragged her from her long hair and gave fist blows, while her mother-in-law gave chappal blow.

(3.) WITH respect to acts of cruelty, particular allegations are levelled only against her husband and her mother-in-law. Qua the other accused persons, these are vague. The complainant had brought proceedings for divorce and obtained ex-parte decree Annexure P1 on 24-7-1589, i.e. prior to the filing of the complaint in the Court of the Magistrate which is dated 12-9-1990. Her marriage with Anand Pal having been dissolved, she had implicated the 5 brothers of her husband, as well as her father-in-law to face trial under the impugned complaint. This prosecution of the accused-petitioners 2 to 7 is with an oblique motive and for a purpose to wreak vengeance from her husband and other relations. The same tentamounts to abuse of process of the Court.