JAGDISH PAL SINGH BINDRA Vs. HARVINDER KAUR

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of criminal complaint No. 33 dated 19.5.2012 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Annexure P-1) and all the subsequent proceedings arising therefrom.

(2.) The case of the complainant, as per the complaint (Annexure P-1), in brief, is that she was married to the petitioner on 25.5.1986. They were blessed with two children out of the said wedlock. At the time of marriage of the parties, petitioner was serving with the Indian Army and was posted at Jhansi. Parents of respondent Harvinder Kaur had spent about Rs. 6,00,000/- at the time of her marriage. Petitioner Jagdish Pal Singh Bindra was not satisfied with the dowry given at the time of his marriage and harassed the respondent on this account. Petitioner maltreated the respondent and asked her to bring more dowry from her parents. In the year 1986 on the festival of Diwali, parents of the respondent had sent Rs. 10,000/- to the petitioner. However, petitioner was not happy with the said amount as he was expecting Rs. 51,000/- on the said occasion. Petitioner wanted to purchase a car. Respondent was maltreated by the petitioner for this reason. Father of respondent had sent a draft to the tune of Rs. 42,000/- to the petitioner on 16.11.1986. Despite the said fact, petitioner continued harassing the respondent. On 13.4.1990 when the family members of the respondent approached the petitioner and requested him not to maltreat her on account of demand of dowry or otherwise, the petitioner misbehaved with the father of the respondent and other persons. The matter was reported to the Station Commander.

(3.) Petitioner apologized before the said officer. Petitioner again apologized on 13.4.1991. However, petitioner continued maltreating the respondent. On one occasion, respondent was given beatings by the petitioner and she escaped to the house of Major Ojha and informed him qua the occurrence. Major Ojha informed other officials about the occurrence. A month later, petitioner again gave beatings to the respondent and the matter was informed to other officers of the Unit. The Commanding Officer of the Unit told the petitioner to behave himself. On 15.1.1993 at about 8.30 A.M., respondent was given beatings by the petitioner and he threatened to kill her. The matter was informed by the respondent to Col.Jagjit Singh. In the year 1994, petitioner was posted at Shivsagar, Arunachal Pradesh and remained posted there till 1996. Respondent along with her minor daughters stayed at Pathankot. Whenever, petitioner visited them at Pathankot, he used to harass the respondent and humiliate her. On 13.10.1996, respondent was given severe beatings by the petitioner and was thrown out of the matrimonial home. However, with the intervention of senior Army officers, respondent again started living with the petitioner but the petitioner failed to mend his ways.