RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . Ram Niwas, Jai Bhagwan, Dalbir, Vinod Kumar, Devinder Singh, Sultan Singh and Smt. Bharpai have filed the present petition under Section 482 Cr.P.C. praying for the quashment of F.I.R. No.10 dated 7.1.1994 under Sections 498 -A and 406 IPC, registered in Police Station Urlana, Annexure P -1 and the charge dated 23.8.1994 Annexure P -2 including further proceedings arising out of the case FIR No.10 referred to above.

(2.) IN this case, FIR was registered on the basis of the application submitted by Smt. Nirmala Devi daughter of Matu Ram, Caste Harijan, resident of village Karad, and it will be useful for me to reproduce the allegations of Smt. Nirmala Devi as follows : "I, Nirmala Devi daughter of Matu Ram, Caste Harijan, resident of Karad aged 28 years was married to Ram Niwas son of Sultan Singh Caste Harijan, resident of Ahulana Tehsil Gohana District Sonepat on 17.8.1991 according to Hindu rites and, customs. My parents had given dowry beyond their capacity at the time of marriage and after the marriage when I reached my matrimonial home, on the same night my husband Ram Niwas, my jeth Jai Bhagwan, my dewar Dalbir, Vinod and Devinder, my father -in -law Sultan Singh and mother -in -law started making taunts saying that their relations have been tied up with the daughter of Kangla Baap. They said that furniture of lower quality had been given to them. As usual at the time of clicking the photographs, my mother -in -law said to Jai Bhagwan my jeth that as to why he had brought a girl of darkish complexion for his brother (Ram Niwas). Jai Bhagwan tried to make my mother -in -law understand but to no effect. After few days my husband said to me that he had entered into an agreement with my father that he would keep me only if I get a job otherwise not. All the said persons of my in - laws used to pass taunts and harass me saying that I have not brought colour TV or Scooter and asked me to bring the said articles, in case I wanted to stay there. I had been saying to them that my parents had given a lot of dowry and they cannot fulfil their demand for more dowry. About 1 -1/2 years ago gave Rs. 5000/ - to my in -laws for the purchase of a Scooter after bringing the same from my parents, but they insisted for colour TV and Washing Machine. My brother Ram Dhan came and gave them a washing machine. I got a job on 29.12.1992 as clerk in Cooperative Sugar Mill Meham and then my in -laws said that they would keep me in case I leave the job. I had been tolerating this all keeping in consideration the respect of my parents and consequently I narrated everything to them in the shape of writing a letter or meeting them personally. About six months ago my husband Ram Niwas made a demand of Rs. 10,000/ - on account of starting some work. I refused to bring the said amount and consequently I was turned out by all of them and they said that in case the said demand is not fulfilled, they would not allow me to come back. I narrated everything to my father. My brother Ramdhan was also made aware of this incident. In July, 1993 the said persons of my -in -laws threatened me to kill. After that my father went to village Ahulana 2 -3 times in the shape of Panchayat but to no result. Rather the Panchayat was insulted. I am now staying all alone in a rented room in Meham. Kindly take the legal action against my husband, Ram Niwas, Jeth Jai Bhagwan, dewar Dalbir Singh, Vinod, Devinder, my father -in -law Sultan Singh and mother -in -law Bharpai. I have given my statement to you. Heard. The same which is correct."

(3.) AFTER the investigation, the petitioners were charge -sheeted for the various offences such as 498 -A and 406 IPC vide orders dated 23.8.1994 passed by the Court of Judicial Magistrate Ist Class, Panipat. The petitioners did not file any revision but filed the present petition under section 482 Cr.PC for the quashment of the FIR as well as the of charge framed against them.