MILKHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. praying for the quashing of complaint/FIR No. 122 dated 19.6.1998 under Sections 420, 467, 468, 471, 120-B, 34 IPC, Police Station Ellanabad, Sirsa pending before Additional Chief Judicial Magistrate, Sirsa and consequential proceedings arising therefrom.

(2.) THE petitioners seek the quashing of the complaint on the ground that the court cannot take cognizance of the offences and issue direction to the police to register the case and investigate the same without a complaint in writing from the office of Sub-Registrar where the offences allegedly took place in view of bar created by Section 196(1)(6)/195 read with Section 340 Cr.P.C. It is allegedly that the complainant, Chander Kanta, who has been arrayed as respondent No. 2, filed a criminal complaint in the Court of Shri Ishwar Dutt, Additional Chief Judicial Magistrate against the petitioners, Milkhi, Ram Sat Pal and the non-petitioners Leela Devi, Satish Kumar, Chaman Lal, Mathura Dass and Desh Raj alleging, inter alia, that her marriage was solemnised on 27.6.1991 according to Hindu rites in Hisar. A sum of Rs. 3,08,197/- was spent in the marriage. The in-laws of the complainant, Chander Kanta, i.e. father-in-law, mother-in-law, sisters-in-law, namely Reshma, Raj, Rita, Veena and the husband Sat Pal started teasing the complainant, Chander Kanta for bringing less dowry and they demanded a car, A.C. and cash amount. The marriage was duly consummated and two sons Anmol and Sanjay were born out of the wed-lock on 23.9.1992 and 13.3.1994 respectively who were living in the custody of the Chander Kanta. The applicant, Chander Kanta was thrown out of her matrimonial house after being given a beating on 7.10.1995 and she was living with her parents in Hissar. A panchayat was convened on 19.5.1996 which was attended by her husband and in-laws. The husband, Sat Pal, apologized for his behaviour in writing and the same was signed by his father, Milkhi Ram and sister-in-law, Radha. The remaining members of the family of the husband refused to sign. The accused had raised demand for Car and A.C. before the Panchayat also and they refused to return articles of dowry. A case under Sections 406, 498-A IPC was got registered on 3.1.1998 in the Court of Chief Judicial Magistrate, Hisar. On 10.1.1998, the accused with mutual negotiations assured that they would not tease Chander Kanta for demanding of dowry and also told that they had transferred a residential house in the name of Chander Kanta on 6.1.1998 registered in the office of the Registrar, Ellanabad. The registered document was handed over to the applicant. The brother of the applicant, her father, mother and a neighbour were present at that time. They also requested the applicant, Chander Kanta to accept the registry and withdraw the case registered against the accused. On 11.1.1998, Chander Kanta along with her brother, Madan Lal same was sent for registration and Investigation of the case to Ellanabad and found residential house No. 5884, Ward No. 9 which was shown as transferred to her was not registered in the record of Municipal Committee in the name of transferee. The applicant, Chander Kanta met Shri Sohan Lal, Advocate who had described the agreement and he told her that he had written the facts as supplied by accused 1 to 7 and if there is no house on the site then Sat Pal, the husband of the applicant is responsible for this cheating. The applicant and her brother met Shri Ghisa Ram, M.C. Ellanabad and Raj Kumar and Sita Ram who told her that they had signed the document on the blind faith of accused 1 to 7 and if the accused had cheated her then they were ready to give evidence. A Panchayat was called on 11.1.1998 where the accused 1 to 7 asked the witnesses to withdraw the case registered against them and asked the applicant, Chander Kanta to live in Ellanabad. Chander Kanta, however, enquired from the accused about the said cheating and she was told that this was done only to cheat her and to eliminate her. It was further alleged that the accused got prepared the false document only to harass and cheat the applicant and to save their skin from the cases registered against them by the applicant, Chander Kanta who prayed that these accused be summoned for the offences punishable under Sections 420, 467, 468, 471, 120-B, 34 IPC.

(3.) NOTICE was issued to the respondents. Respondent No. 1, Deputy Superintendent of Police, Ellanabad filed his written statement on her behalf and also on behalf of respondents 3 to 6.