S.K. VARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are seeking quashing of FIR No. 149 dtd. 14/2/2017, registered under Ss. 323, 406, 420, 498-A read with Sec. 120-B IPC at Police Station City, Hisar and the consequent proceedings taken therein including final report filed in the case dtd. 29/7/2017.

(2.) The petitioners are the parents-in-law of respondent No.2. Marriage of their son was solemnized with respondent No.2 on 5/5/2013. This was the second marriage of the couple. Respondent No.2 moved a complaint to the police against the parents-in-law (the petitioners), her husband and one Uma Chaudhary. In the complaint, it was alleged that her parents spent more than Rs.15.00 lacs in the marriage. After the marriage, the accused started raising demand of more dowry and she was maltreated on trivial matters. A car was demanded and she was beaten by her husband on the instigation of his parents. Her jewellery was retained by her mother-in- law and on 24/6/2013 she was sent with her brother to her parental home. On 12/7/2013 she returned to her matrimonial home and gave Rs.3.00 lacs to her mother-in-law. Still she was ill-treated. She was taken back to her parental home. Due to stress, her father died on 19/12/2013. The accused refused to rehabilitate her and attempts were made for mediation but those failed. Constrained she lodged FIR No. 738 dtd. 14/8/2014 against the accused under Ss. 323, 406, 498-A read with Sec. 34 IPC at Police Station City Hisar. A complaint under Sec. 12 of Domestic Violence Act was filed and maintenance was fixed and she was given residence rights in the matrimonial home. The accused later misrepresented to her and on allurement made, she withdrew the application filed under Sec. 12 of D.V. Act and Sec. 125 Cr.P.C. and the petition filed under Sec. 13 of the Hindu Marriage Act. Still there was no change in the behavior of the accused and they started harassing her on one pretext or the other. On 25/5/2016 she was asked to bring Rs.40.00 lacs in lieu of her half share in the property of her father so that a Mercedes car could be purchased. She refused to do so, then the accused misbehaved with her and hurled abuses. Her mother-in-law threw hot vegetable on her and she was burnt. On 5/6/2016 the petitioners incited their son to ask her for the share in the parental property. Her father-in-law asked her to look for a rented accomodation. Her husband, on the instigation of other accused, had beaten her and she was turned out of the matrimonial home on 17/8/2016. The matter was reported to the police and a compromise had taken place and she was taken back to the matrimonial home. On 25/8/2016 she was beaten by her husband and mother-in-law and demand of dowry was raised and her mobile was snatched. Her signatures were obtained on some papers and she was left at her parental home at Hisar. It was mentioned that on the false assurance of the accused she withdrew her cases and she was turned out of the matrimonial house and her istridhan was retained.

(3.) On the basis of aforesaid complaint, FIR was registered and investigated. It was pointed that investigation was complete and final report was submitted in the Court. Vide order dtd. 13/9/2017 proceedings before the trial Court were stayed.