VIPAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are seeking quashing of FIR No. 148 dated 28.9.2004 registered at Police Station 'A' Division, Amritsar under Sections 498A/406/120B IPC and all the proceedings taken thereunder.

(2.) THE FIR was registered on the basis of an application submitted by Renu Bala respondent No. 2. She alleged therein that she was married to Ravi Kumar on 8.12.2002. Shagan ceremony was performed a day earlier to that where her parents and brothers spent beyond their status. Various gold items and cash in addition to T.V., air cooler and furniture were given to her husband Ravi Kumar, her father-in-law Chaman Lal, her brother-in-law, her brother-in-law's wife Rama Rani and her sister-in-law Neeru. Even at the time of marriage, her parents and brothers spent Rs. 1,00,000/-. Dowry articles worth Rs. 25,000/- were given. Unfortunately, on 11.12.2002 her father Hem Raj expired. Thereafter, her in-laws family started harassing and taunting her. Her husband Ravi Kumar and her sister-in-law Neeru would say that although her father had died but he left nothing for them. On the occasion of Lohri ceremony, her brothers gave more gifts to her in-laws but in spite of the same their behaviour did not change. In the early morning of 13.4.2003, her in- laws started harassing her and demanding money. She called up her brothers on telephone to appraise them that her condition was bad because of her pregnancy. Her in-laws told her brother to take her back and she could return only if they were able to give more money. When her mother talked to her husband, he behaved rudely and demanded Rs. 1,00,000/-. At the time when the complainant gave birth to a baby daughter, all the expanses pertaining to delivery were borne by her mother and brother. None from her in-laws side came to see her and her daughter. On 27.2.2004 at 8.00 p.m. when she was preparing food in the kitchen, her husband, father-in-law and brother-in-law came there and started threatening her by saying that she should bring share of property from her father or Rs. one lac in cash. At that time her mother- in-law, jethani and sister-in-law sided with them and she was given beatings and turned out of the house. Her in-laws refused to give any article of Istri Dhan to her. On these allegations, FIR was registered on 28.9.2004.

(3.) IT has been contended on behalf of the petitioners that Vipan Kumar and his wife Rama Rani were having separate mess residence from that of Ravi Kumar and Renu Bala. They had no connection whatsoever with Renu Bala. No dowry article was ever entrusted to them except a sum of Rs. 2100/- as shagan, which had also been returned at the time of joining the investigation. It is also stated that Neeru petitioner is unmarried sister of the complainant and she had no concern or connection whatsoever with the matrimonial dispute between the complainant and her husband Ravi Kumar. Further that no dowry articles was ever entrusted to her except for a shagan of Rs. 2100/-, which had also been returned after the registration of the FIR. The prosecution has levelled vague and general allegations against all the three petitioners. No specific allegation of any entrustment or misappropriation of dowry article was made against any of the petitioners. Even otherwise on perusal of the FIR, no offence under Sections 406, 498-A and 120-B IPC was made out. The bald assertion made in the FIR would not be sufficient to constitute any offence against the petitioners. Further that there is a common tendency to involve all the relatives of the husband when the relations between husband and wife became strained. The provisions of law were made with good intentions so as to secure and protect the interest of the bride in her in-laws' house. However, these provisions are being misused by the women and their parents and relatives to rope in each and every relative, including minors and even school going kids, nearer or distant relatives of the husband and in some cases against every person of family of husband whether living away or in other town or abroad and married, unmarried sisters, sister-in-law, unmarried brothers, married uncles and in some cases grand parents. Accordingly, it was prayed that the FIR lodged by Renu Bala against the petitioners be quashed and all the proceedings taken thereunder set aside.