PRADEEP SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have filed the present petition for seeking quashing of FIR No. 26 of 2019 dtd. 13/11/2019 registered at Women Police Station Bilaspur, District Bilaspur, H.P. and the consequent proceedings in Criminal Case No. 2186 of 2020 for the commission of offences punishable under Ss. 498A, 504 and 506 read with Sec. 34 of IPC pending before the Court of learned Chief Judicial Magistrate, Bilaspur, H.P.

(2.) It has been asserted that respondent no. 2 (the informant) lodged an FIR No. 26/2019 against the petitioners with Women Police Station, Bilaspur. The FIR is a clear abuse of process to harass the petitioners. The marriage between petitioner no. 1 and the informant was solemnized on 5/10/2017 as per Hindu Rites and Customs. The relationship between the parties was smooth for a few months. The informant started humiliating the petitioners and their relatives on the slightest pretext. The informant went to her parental home on 18/4/2018 with her uncle. The petitioner no. 1 repeatedly called the informant and enquired about her well-being. The informant avoided the calls made by petitioner no. 1. Whenever she picked up the call, she expressed her inability to join the company of the petitioner. Petitioner No. 1 filed a petition under Sec. 9 of the Hindu Marriage Act in the Court of Principal Judge, Family Court, Amritsar. The informant made a false complaint to S.P., Bilaspur accusing the petitioner no.1 and 2 of demanding dowry. She also stated that she was turned out of her matrimonial home on 18/4/2018. A compromise was effected between the parties on 23/7/2019. The Petitioner No. 1 and the informant shifted to the ancestral home of the petitioner and they resided separately from the petitioner's family. The informant was not comfortable in the ancestral home and they shifted to the first floor of the house of the uncle of petitioner no .1 as per the convenience of the informant. The informant withdrew the false complaint made by her against the petitioners no. 1 and 2. Petitioner No. 1 also withdrew the petition filed under Sec. 9 of the Hindu Marriage Act pending before learned Principal Family Court at Amritsar. The informant again left the company of the petitioner in August. The petitioners tried to settle the matter. The mother of the informant made a complaint to the Police Commissioner, Amritsar. Subsequently, the informant and her mother requested the Police not to take any action against the petitioners on the complaint filed by them. Petitioner No. 1 again filed a petition under Sec. 9 of the Hindu Marriage Act for Restitution of Conjugal Rights. The informant filed a complaint against the petitioner on 23/9/2019 under the Protection of Women from Domestic Violence Act in the Court of learned CJM, Bilaspur. She also filed a false FIR to coerce the petitioner. The informant herself left her matrimonial home. No person ever harassed her. The allegations levelled in the FIR are false and they are not supported by any affidavit. Petitioner No. 1 and the informant resided separately and it was not possible for petitioners No. 3 and 4 to harass the informant. The informant and her mother made repeated complaints against the petitioners, some of which were withdrawn. The FIR is an abuse of the process of law; therefore, it was prayed that the present petition be allowed and the FIR be quashed.

(3.) The petition is opposed by respondent no. 1 by filing a reply asserting that the FIR was registered on the complaint of the informant. The Police conducted the investigation and presented a challan against the petitioner before the Court, which is pending adjudication. Petitioners No. 1 and 2 harassed the informant for small things and taunted her for bringing insufficient dowry. Petitioner No. 1 gave beatings to the informant. Her mother and the family members made enquiries from the petitioners and they (petitioners) assured the informant and her mother that petitioner no. 1 would not do anything. However, petitioner no. 1 started assaulting the informant again. When the complaint was made to the other petitioners, they blamed the informant and asked her relatives to take her away. A complaint was made to S.P. Bilaspur, which was compromised on 16/7/2019. A subsequent complaint was made by the mother of the informant to the Police Commissioner, Amritsar. A prima facie case is made out against the petitioners. The allegations levelled against the petitioners were found to be correct after the investigation. Therefore, it was prayed that the present petition be dismissed.