SURINDER KUMAR GHAI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'CrPC '). Whereas, petitioner No.7 is the husband, respondent No.4 is the wife. Petitioners No. 1 to 6 are relatives of the husband, out of whom petitioners No. 1 & 2 are his parents, petitioners No. 3 & 5 brothers and petitioners No. 4 & 6 sisters -in -law (brothers ' wives).

(2.) THE subject -matter of challenge is FIR No. 31, dated 25.5.2010, Annexure P -2, lodged by wife against the husband and his aforesaid relatives at Police Station, Parwanoo, District Solan, H.P. under Sections 498 -A and 506 of the Indian Penal Code (in short 'IPC '), which is in Hindi and when translated into English, text whereof is as under: - Stated that I am resident of the address given above. My parents are residents of Parwanoo. They also reside in Aukland (New Zealand). I was married to petitioner No.7 on 14.12.2006 as per Hindu religious rites and ceremonies in Delhi. After about 11/2 months from the marriage, I accompanied my husband to Aukland (New Zealand) where he is serving. After reaching Aukland, petitioner No.7 started abusing and giving beatings to me. There used to be discord between us on matters of trifle nature. After about six months, I came back to my parents -in -law in Delhi. They alongwith my Jeth Harish Ghai and his wife Pamela Ghai started harassing me daily on trivial issues. They used to say that I am of bad character. Whereas, my husband was harassing me in New Zealand, my parents -in -law, Jeth and Jethani started harassing me in Delhi. When I narrated my plight to my younger Jeth Gagan Ghai and Jethani Priya Ghai and elder Jeth Harish Ghai and his wife Pamela, they also rebuked me. After spending 11/2 months in Delhi, I joined the company of my husband at Aukland where also his atrocities towards me continued. In March, 2007, I became pregnant and gave birth to a male child on 6.1.2008. We named him as Zoarn Swarraj Ghai. When the child was in the womb, my husband, parents ªin -law, both the Jeths and their wives as aforesaid, pressurized me saying that I should abort the child as it did not belong to petitioner No.7 and instead was some one else 'soff spring. It was in such circumstances that I alongwith my husband underwent DNA test on 13.1.2009 pursuant to an order of the Court in New Zealand.

(3.) AS far as the allegations relating to Delhi are concerned, the same also relate to the period somewhere in early 2007, except those relating to the telephonic conversation that had allegedly taken place between respondent No.4 and the petitioners, except petitioner No.7 from a STD booth of Delhi Airport, which pertain to 7.5.2010.