ASHISH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C praying for praying for quashing of FIR No.43 dtd. 11/9/2020 under Sec. 498-A IPC, registered at Police Station, Women Cell, District Jalandhar and setting aside of order dtd. 25/1/2022 passed by learned JMIC, Jalandhar whereby the petitioner has been declared as Proclaimed Offender and all the subsequent proceedings arising therefrom. As per facts of the case, present FIR was lodged by complainant/respondent no.2. Sum and substance of the allegations in the FIR was that the complainant was married with petitioner Ashish. After marriage, on 18/4/2020 she gave birth to a girl child, however, the same did not go well with the in-laws as they were not happy with the birth of a girl child. Her husband and in-laws started harassing and taunting her for the same. Her mother-in-law put the condition to throw out the complainant of the matrimonial home. When the mother-in-law came back to the house she immediately called the husband of the complainant in a room and told him to oust the complainant along with her daughter. On her resistence her mother-in-law gave her abuses and the husband twisted her arm and mother- in-law slapped her and asked her to leave the matrimonial home. On one pretext or the other she was harassed and tortured by her husband and in- laws. She had to call the police for her safety. Having no other alternative she finally lodged the present FIR against the petitioner husband and in- laws for taking legal action against them.

(2.) After registration of FIR the investigation commenced. The petitioner failed to appear before the investigating agency and hence proclamation proceedings were initiated against him. Finally he was declared Proclaimed Offender by the learned JMIC, Jalandhar vide his order dtd. 25/1/2022.

(3.) Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present FIR. He submits that matrimonial dispute between the petitioner and the respondent no.2 wife is due to the temperamental differences and the wife is still residing in the matrimonial home, whereas the petitioner is residing in Gurdaspur. He submits that the petitioner has even filed a petition under Sec. 9 of Hindu Marriage Act which is pending adjudication at Gurdaspur. He submits that respondent no.2 has usurped and occupied the entire house and the petitioner and his family members are residing at different places. Besides this, counsel for the petitioner has contended that the learned Trial Court has declared the petitioner as proclaimed offender vide order dtd. 25/1/2022, which is totally illegal. He submits that the procedure adopted is totally in contravention to the statutory provisions and the law settled and hence the same deserves to be set aside. To fortify his arguments counsel has relied upon the judicial precedent of Sonu Vs. State of Haryana, 2021 (1) R.C.R (Criminal) 319.