SHALINI MEHTA SHALU Vs. J L MEHTA

JUDGEMENT

(1.) The petitioners through this petition under Section 482 of the Code of Criminal. Procedure, seek the quashment of Criminal complaint under Section 500/34, Indian Penal Code filed by Dr. J.L. Mehta against them as well as the order dated 16.7.1992 of Judicial Magistrate 1st Class, Ambala, summoning the petitioners to face trial for the above referred offence.

(2.) In brief the facts of the case are that Mst. Shalini Mehta petitioner No. 1 was married with Capt. Pradeep Mehta son of Dr. J.L. Mehta complainnt-respondent at Chandigarh on 14.2.1989. On her application a case under sections 406/498A, and 506 and 323, I.P.C. as: well as under Sections 3, 4 and 6 of the Dowry Prohibition Act was registered against Dr. J.L. Mehta, Mrs; Sneh Mehta, mother-in-law; Capt. Pradeep Mehta husband and Mrs. Santa Gogia, sister-in-law of the complainant, on the allegations that these persons started torturing and maltreating her on the ground that she had brought less dowry. They started forcing her to bring a new Maruti car or its equivalent cash from her parents, but on her refusal, these persons snatched the gold ornaments from her and started harassing her. In Criminal Misc. No. 3745-M of 1991, the above referred F.I.R. concerning of Dr. J.L. Mehta and Mrs. Santa Gogia was quashed by accepting their aforesaid application by G.S. Chahal, J. vide order dated June 4,1991. In the said order, it was held that the allegations leveled by the complainant against her father-in-law and sister-in-law are vague in nature and do not constitute any offence. Towards the fag-end of the judgment, the allegations of the complainant against her father in-law and sister-in-law were held to be frivolous, vexatious oppressive and mala fide and made to wreak vengeance on account of the marriage of the complainant having gone to the rocks. Thereafter, Dr. J. L. Mehta, father-in-law of Smt. Shalini Mehta filed the complaint dated 5.12.1991 before the court of Judicial Magistrate 1st Class, Ambala for committing an offence under section 500134 I.P.C. inter alia contending that the complainant is highly qualified and respected teacher in the Punjab University Evening College, where he has been serving as Lecturer! Reader in History and having a very good social circle and is highly respected amongst his colleagues and students. It was further averred that the marriage between Mrs. Shalini and his son did not prove a success because of her unbecoming behaviour and uncompromising attitude. It was further explained that Mst Shalini is addicted to the vices of drinking etc. and used to flirt with order persons resulting in the social and mental degradation of her husband and his family in general. She used to abuse her husband and in laws and that she is connivance with her parents D.V. Lumba Retd. Lt. Col. and Mrs. Vinod Lumba had lodged a totally false and malicious complaint against the complainant !and his family members on 10.10.19,90, thereby dragging the complainant and his family members in the uncalled for litigation and that too for the alleged, offences under sections 406/498 A. 323, I.P.C. and under sections 3, 4 and 6 of the Dowry Prohibition Act. After lodging the complaint; Mrs. Shalini Mehta a long with her Parents went to the house of the complainant on 22.7.1990, where they threatened the complainant as well as his family with dire consequences if they failed to pay Rs. 10 lacs. On the false complaint, the Chandigarh Police went to the house of the complainant at Panchkula and arrested him. He was taken to Chandigarh Police Station, where he was made to sit for many hours. He was handcuffed and was paraded and taken on foot from the police Station to the Court where he was released on bail by the Judicial Magistrate, at Chandigarh. It was also averred that the above referred criminal proceedings against Dr, J.L. Mehta, complainant in this case as well as his daughter. Mrs. Santa Gogia had been quashed by the High Court vide order dated June 4, 1991 (Annexure R -1) holding that the allegations in the complaint against the petitioners were frivolous vexatious, oppressive and mala fide. On these allegations, Dr. J.L. Mehta Filed a complaint for defamation against his daughter-in-law as well as against her parents for offence under section 500/ 34. I.P.C. In the said complaint after recording preliminary evidence, the Judicial Magistrate Ambala, vide order dated 16.7.1992 (Copy Annexure P-3) summoned the three accused for offences under sections 499 and 500 read with section 34, Indian Penal Code.

(3.) Being aggrieved against the aforesaid order, Mrs. Shalini Mehta, along with her parents Mr. D.V. Lumba and Mrs. Vinod Lumba wife of Lt Col. D. V. Lumba has approached the Court for quashment of the complaint and the summoning orderT of the. Magistrate under section 482, Cr. P.C.