NEHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Neha, who is an unmarried sister-in-law of the respondent No.2-complainant has filed this petition under Section 482 Cr.P.C. for quashing of FIR No.39 dated 23.10.2015 under Sections 498-A, 323, 506 and 406 read with Section 34 IPC as well as Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the SC/ST Act) registered at Women Police Station, Bhiwani and all subsequent proceedings arising therefrom.

(2.) The aforesaid FIR was registered at the behest of respondent No.2 Deepa, who was married with Abhinav Pal on 11.05.2014. The other co- accused, namely, Abhinav Pal is husband and Veenu is mother-in-law.

(3.) Learned counsel for the petitioner has argued that, in fact, marriage between respondent No.2-complainant with Abhinav Pal was a love marriage. The complainant is well-qualified lady holding a gazetted post. She herself opted to get married with a boy, who is about 8 years younger to her. Since the complainant belongs to Scheduled Caste, whereas the petitioner belongs to Backward class, the provision of offence under Section 3 of the SC/ST Act has been misused. At the time of marriage, the complainant was posted as Assistant Professor in Government College, Panchkula and after marriage, she joined as Assistant Professor in Government College, Bawani Khera in July, 2015. The complainant got herself transferred from Panchkula to Bawani Khera on 02.07.2015 on the ground of completing her service in rural areas in fulfilment of condition of the Government policy.