DHARAM PAL GOYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are father-in-law, mother-in-law, brother-in-law and husband of the complainant, have filed this petition under Section 482 of the Code of Criminal Procedure for quashing F.I.R. No. 192 dated 25.4.2005 registered against them under Sections 406/498A/506 I.P.C. at Police Station City Karnal and the subsequent proceedings arising therefrom on the grounds that the allegations made in the F.I.R. prima-facie do not disclose a cognizable offence, rather the allegations are vague, false and concocted and lodging of the F.I.R. at Karnal is an abuse of the process of the Court as no cause of action has arisen at Karnal.

(2.) In this case, the marriage of the complainant was solemnized with petitioner No. 4 on 9.10.2002. After the marriage, they started living at Delhi. A daughter was born from the said wedlock on 12.10.2003 at Nursing Home, Karnal, but unfortunately the said baby died on 13.10.2003.

(3.) On a written complaint made by the wife, the aforesaid F.I.R. was registered against the petitioner on 25.4.2005 under Sections 406/498A/506 I.P.C. at Police Station City, Karnal. In the F.I.R., it was alleged by the complainant that her husband and his family members are very greedy persons and they were not satisfied with the dowry given at the time of marriage by the father of the complainant, though he spent a huge amount of Rs. 8.00 lacs on the marriage. After the marriage, the petitioners used to taunt the complainant for not bringing a Maruti Zen car in dowry. In the F.I.R., specific allegations of torture, beating and harassment both physical as well as mental, have been levelled. It has been further alleged that after some time of the marriage, the husband of the complainant was allotted a government accommodation in Chandigarh where he was posted as Senior Auditor, but she was not taken by him to Chandigarh. A request was made by the complainant to the petitioners that she should be taken to Chandigarh so that she can reside with her husband, but they refused to accept the request of the complainant on the ground that until and unless their demands are fulfilled, they will not bring her at Chandigarh and permit her to live with her husband. It has also been alleged that during the pregnancy period no proper food was provided to the complainant and she was kept confined in a single room. She was also given beating during the pregnancy period by her husband and his mother. It has been further alleged that a Panchayat was convened at Karnal, but in the said Panchayat, the husband and his parents instead of realizing their mistakes again took a stand that until and unless their demand for Maruti Zen Car is not fulfilled, they will not keep the complainant in the matrimonial home. Due to the apathetic attitude adopted by the petitioners, the matter could not be amicably settled. Ultimately, the complainant along with her brother and maternal uncle approached the petitioners at Chandigarh to return the dowry articles of the complainant, but they refused to return the same and have embezzled the same. Since 2003, when the complainant was thrown out of the matrimonial home, she has been residing with her parents at Karnal and ultimately when the petitioners did not mend their ways, the instant F.I.R. was registered.