HIRA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PAWAN Kumar, petitioner 3, along with his father Hira Lal, petitioner-1 and his uncle Kishan Lal, petitioner-2, has come to this court in this Criminal Miscellaneous under Section 482, Cr.P.C. for quashing of FIR-438 dated 16-9-91, for offences under Section 498-A/406 IPC, registered at NIT Police Station, Faridabad.

(2.) THE impugned FIR has been got registered on the basis of a complaint made by Smt. Seema Chopra, respondent-2, wife of petitioner-3, The allegations as contained in Annexure P1, in brief, are to the effect that respondent-2 was married to petitioner-3, as per Hindu rites on 13-4-89. The articles, given in the list attached to Annexure P1, were given as dowry at the time of marriage. The same were entrusted to all the three petitioners with a request that the same were to be handed ever to respondent-2 for being utilized by her. She went to stay at her husband's house who was living jointly with his father and brother-in-law. Petitioner-3 was, addicted to taking liquor. These persons were not happy with the dowry given and they used to harass her. Ultimately, a demand for Rs. 50,000/- was made so that petitioner-3 could open up a tailor's shop. On account of non-fulfilment of this demand, the petitioners made the life of respondent-3 miserable. She was taunted, blamed and abused and at times given beating by her husband. A son was born, out of this wedlock and the petitioners started making a claim that besides toys and clothes, she should bring in cash. The customary gifts given, however, did not satisfy the greed of the petitioners. Petitioner-3 is a man of loose character. He used to bring had women in her presence to his house and keep them in closed door and spend time with them. On objection being raised she used to be beaten. On 25.3.90, petitioner-3 brought another woman to his house and closed the door from inside. Objection was raised and she was given beating and turned out of the house. All the articles of dowry were retained and in spite of demand, the same had not been returned.

(3.) THERE is force in the contention of the learned counsel for the petitioners that the pleas of entrustment of dowry articles are vague. It has not been stated if any specific articles were entrusted to any of the individual petitioners. A reference to communication Annexure P2 will show that respondent-2 could not be present at the house of her-in-laws on 25.3.90, as at that stage, she was staying at the short stay home and the Deputy Commissioner had moved the DCP for help. In proceedings for quashing of a complaint or FIR at its initial stages, only the allegations contained therein have to be considered and only if no offence is made out the quashing is to be ordered. However, in a given case, a reference may be made to other material. In respect of this view, I derive support from the observations of the Supreme Court in State of West Bengal & Anr. v. Swapan Kumar Guha & ors., AIR 1982 SC 949 that once an offence is disclosed, an investigation into the offence must necessarily follow in the interest of justice. If, however, no offence is disclosed, an investigation cannot be permitted, as any investigation, in the absence of any offence being disclosed will result in unnecessary harassment to a party, whose liberty and property may be put to jeopardy for nothing. There Lordships further observed as under.