SAVITRI SARANG Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 Cr.PC, prayer has been made by the petitioners for quashing of FIR No. 0091, dtd. 8/8/2019, registered at PS Shimla East, District Shimla, under Sec. 498-A read with Sec. 34 of IPC, as well as consequent proceedings, if any, pending before the competent court of law.

(2.) For having bird's eye view, certain facts, which may be relevant for the adjudication of the case at hand are that marriage inter-se respondent No.2-complainant (hereinafter referred to as the "complainant") and Vikram Sarang, who is son of petitioner No.1 and brother of petitioner No.2, was solemnized somewhere in April, 2009 and since then, allegedly, petitioners started harassing the complainant on one pretext or the other and as such, differences cropped inter-se petitioners and the complainant. On 8/8/2019, approximately after 10% years of marriage, complainant lodged FIR sought to be quashed in the instant proceedings against the petitioners, alleging therein that both the petitioners immediately after the marriage started creating misunderstanding inter-se her and her husband Vikram Sarang. She also alleged that both the petitioners besides picking up quarrel with her on small issues also instigate her husband for taking divorce from her. She also alleged that whenever her husband was not at home, both the petitioners gave her beatings. She alleged that on 3/11/2018, her eight months pregnancy was aborted on account of constant mental harassment and torture meted at the hands of the petitioners. She alleged that on 26/5/2017, the petitioners came to her house and gave beatings. She alleged that since grandfather of her husband bequeathed his entire property in her as well as her husband's name i.e. Vikram Sarang, both the petitioners create ruckus everyday in the house. She alleged that after six months of her marriage, petitioner No.1 pushed her as well as her husband out of the house and they were compelled to live in separate accommodation. She alleged that on 4/12/2018, petitioners hurled abuses at her in a marriage function at Chandigarh. She alleged that now water has gone above her head and there is constant threat to her and her husband's life from the petitioners. She also alleged that on 18/11/2013, her mother in law made an attempt to get her husband killed. She alleged that both the petitioners are of criminal nature and FIR already stands registered against her mother in law. At last, complainant prayed that case under Sec. 498-A IPC as well as Domestic Violence Act be registered against the petitioners.

(3.) Police on the basis of aforesaid complaint made by the complainant lodged FIR as detailed herein above against the petitioners under Sec. 498-A and Sec. 34 of IPC. After completion of investigation, police presented challan in the competent court of law. However, before same could be taken to its logical end, petitioners have approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings pending in the competent court of law.