MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal Misc. Petition No. 11858-M of 1996 filed by Mohinder Singh etc. under Section 482 of the Code of Criminal Procedure whereby they have sought the quashing of FIR No. 65 of 20.2.1996 under Sections 406/498-A/506 of the Indian Penal Code (Annexure P-1). It is averred that Smt. Bhupinder Kaur-respondent was married to Balbir Singh on 9.10.1994 at Yamunanagar. Mohinder Singh-petitioner No. 1, Smt. Harbans Kaur-petitioner No. 2, Kuljit Singh-petitioner No. 3 and Smt. Tejinder Kaur-petitioner No. 4, are father, mother, brother and sister-in-law (i.e. jethani) of Bhupinder Kaur-respondent No. 2 respectively.

(2.) BEFORE coming to this prayer of Mohinder Singh etc. for the quashing of FIR No. 65 dated 29.2.1996 ibid, it would be useful to briefly advert to the facts recited in that FIR. According to Bhupinder Kaur her parents spent a lot on her marriage with Balbir Singh. They spent even beyond their means. Despite the dowry having been given beyond the reach of her parents, they could not satisfy their lust for dowry. From the first day of marriage, her husband, his father, mother, brother, brother's wife i.e. (her jethani) and sister began taunting her saying that her parents had not given adequate dowry. They began asking her to bring adequate dowry and also the scooter on her visit to her parents. On her visit to her parents, Smt. Bhupinder Kaur, narrated them how she was being harassed/taunted by her in-laws. Her husband, father-in-law and jethani came to Yamunanagar and reiterated their demand for scooter. At the time when they reiterated their demand for scooter, Jasbir Singh son of Sh. Ram Singh r/o Bhatia Nagar, Yamunanagar and Nirmal Singh r/o 1/238 Chhoti line, Yamunanagar were present. Her parents told them that they were poor, unable to fulfil there demand. They requested them to grant them some time so that they could fulfil their demand. They also requested them to take her (Bhupinder Kaur) with them to the matrimonial home and they would give them scooter. Her husband-Balbir Singh, jeth-Kuljeet Singh, father-in- law-Mohinder Singh, mother-in-law-Harbans Kaur and jethani-Tejinder Kaur took her with them and reiterated their demand. Her father told them that he was having Rs. 10,000/- with him and he could arrange the required money for the purchase of the scooter. At that time her husband was also there when demand for scooter was reiterated. They told her father that they would themselves purchase scooter and he should give them Rs. 10,000/- which he was having with him. Her father gave them Rs. 10,000/- so as to appease them and to secure happiness and comfort for his daughter in the matrimonial home. She returned to Dehradun. Their lust for dowry did not feel satisfied. They began beating her and keeping her starved. They asked her to bring Rs. 30,000/- from her parents so that they could start business. She expressed her inability to bring Rs. 30,000/- from her parents saying that they were poor unable to pay this huge amount. They gave her severe beating and tortured her. It became routine with them to keep her starved saying that they would keep her starved till she brought money from her parents. She wrote a letter to her parents apprising them of her pathetic tale and relentless demand for money being made by her in-laws. She telephoned them also apprising them of their inhuman treatment and demand of her in-laws for money. She did so without letting her in-laws know about this strategy being played by her. In July/August, 1995 she was pregnant. Her sister-in-law Jasbir Kaur administered her injection though she was not doctor saying that injection administered by her will cure her weakness. She was becoming weak day by day. When Smt. Jasbir Kaur administered her injection, her jethani and mother-in-law caught hold of her. In October, 1996, all the accused gave her severe beating and threw her out of the matrimonial home in wearing apparel only and threatened that she would not have any place in the matrimonial home if she did not bring money from her parents or else they would kill her. She came to her parents with wearing apparel only on her in the vain hope that they would mend their behaviour towards her after the birth of the child. She gave birth to a daughter in Mago Hospital, Yamunagar. Expenses of the delivery were borne by her parents. Information was set to her in-laws regarding the birth of the daughter to her. None came to have look at the child or to present customary gifts to her. On or about 13.2.1996 her parents went to them to Dehradun. There also they mis-behaved with her parents. They told her parents that they would come to Yamunanagar and settle the matter. On 15.6.1996 Balbir Singh, Kuljeet Singh, Mohinder Singh, Tejinder Kaur and Harbans Kaur (Accused Nos. 1 to 5) came to her parents' house and told them that they would not keep Bhupinder Kaur in the matrimonial home nor would they return the articles of dowry. They threatened that if any action was initiated by them against them the whole of their family would be eliminated.

(3.) IN nutshell the grievance of Mohinder Singh etc. is that Smt. Bhupinder Kaur implicated them quite falsely as she never stayed with them at Dehradun, she stayed all through with her husband at Delhi, where no question of mal- treatment of Bhupinder Kaur by them could arise nor could the question of any demand by them from Bhupinder Singh Kaur arise.