ASHOK KUMAR RANGA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have filed the present petition for quashing of complaint in case No. 105 of 2022, titled Dr. Anvesha Negi Vs. State of H.P. and others, pending before the learned Chief Judicial Magistrate, Kinnaur at Rekong Peo, District Kinnaur, H.P. (learned Trial Court), and summoning orders dtd. 8/6/2023 and 1/5/2024 passed by the learned Trial Court. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court asserting that she was married to Akshay Kumar Ranga on 22/10/2015 as per Hindu rites and customs. She and Akshay Kuma Ranga started residing t gether as husband and wife after the solemnization of heir marriage. The accused persons started demanding money, gold, furniture and other household articles fr m the complainant. The complainant's maternal uncle and other paternal relatives purchased the items demanded by the accused and delivered them to the accused on 23/10/2015. Accused Akshay and his parents snatched all the jewellery and ornaments from the complainant. Her ornaments were retained by her mother-in-law. The complainant was restrained from wearing clothes of her choice. She was not permitted to take calls from her parents and brother. Akshay and Urmila used to harass the complainant. Complainant and Akshay went to visit the complainant's parents in November 2015. The complainant was not given jewellery and told that she could not take care of the ornaments, and would misplace them in the bus. Urmila and Ashok did not allow the complainant to visit her parents' house even during the festivals. The complainant was asked to gift something to Urmila and Ashok on every occasion and festival. She was told to ask her parents to send apple boxes and dry fruits on every occasion. The accused, Akshay, took leave and shifted with his parents in December 2015. Urmila started taunting the complainant by saying that she was sitting idle at home, surviving on their money, and she should do some work. The complainant was forced to wo k. She applied for a job in Delhi NCR. She joined her d ties on 17/12/2015. She was forced to stay with her sister-in-law in Sector-21, Noida. Akshay came to Noida in January 2016 on the pretext of joining a Coaching Institute for the SSC Examination. He told the complainant that he could not commute and needed a motorcycle. The complainant was forced to purchase a motorcycle for Akshay. She paid Rs.40,000.00 on 10/3/2016 to Akshay and Rs.50,000.00 to Ram Chander from whom the motorcycle was purchased. Akshay applied for a visa to Canada, but it was turned down. He started quarrelling with the complainant and harassing her. He blamed the complainant for the rejection of the visa. The complainant was forced to pay the premium of the LIC Policy taken in Akshay's name. The complainant, her sister-in-law and Akshay went out for dinner on 14/2/2016. Akshay received some messages. The complainant objected, and Akshay started abusing her. Urmila told the complainant not to disturb her sister-in-law, and the complainant was forced to have an additional helper/maid. The complainant spent Rs.35,000.00 per month at Noida, out of which she paid Rs.7,000.00 rent, Rs.6,000.00 to the maid and Rs.10,000.00 on groceries. She was forced to work o bear her expenses. She used to take e-Riksha to the Met o Station, but Akshay objected to it by saying that she was wasting money. She was earning Rs.70,000.00per month but was n t allowed to spend Rs.9,000.00 on herself. Akshay took admission in the social design course in Ambedkar University. He told the complainant that he wanted to become an Orchardist and start a tourism business. The complainant tried to reason with him, but Akshay became abusive and assaulted her. The complainant left the Job in September 2016. She suffered from Chikungunya Virus on 10/9/2016. Akshay did not take care of her. He did not even allow the complainant to call her mother. Akshay Kumar and the complainant were forced to shift to Chaupal in January 2017. Akshay started looking for an orchard. The complainant was forced to escort him and bear the expenses of the stay and travel. The complainant was selected as Medical Officer at Sunni, but she was not permitted to join. She qualified for M.D. Anaesthesia at LHMC, Delhi, but she was not permitted to join and was forced to join M.D. Community Medicine at PGI, Rohtak. The complainant had two bank accounts, one in the SBI and another in the Central Bank of India. Akshay asked the complainant to hand over her ATM Cards to him. The complainant was forced to deposit money so that it could be withdrawn by Akshay. Akshay withdrew Rs.1,50,000.00 from the complainant's account. Urmila used to taunt the complainant by saying that she was enj ying herself, whereas Akshay was forced to do everything himself. She was not a good wife. Akshay used to threaten t e complainant and obey his unjust demand. Urmila forced the complainant to ask her parents to arrange cash for the purchase of the orchard. The complainant called her father and asked for the loan of Rs.10.00 lacs. Complainant's father arranged Rs.6.00 lacs and transferred the amount to the account of the complainant. The complainant was also forced to open a Recurring Deposit Account of Rs.25,000.00 per month in the name of Urmila. She transferred Rs.5.00 lacs to Urmila. Akshay and Ashok demanded a 4x4 vehicle in June 2018, and the complainant was forced to buy a second-hand Maruti Gypsy for Rs.2,70,000.00. Akshay took admission in law in Punjab University. Akshay and Urmila asked the complainant not to visit Akshay and not to disclose that he was married. Akshay forced the complainant to plan a child in January 2019. The complainant did not agree to this demand, and Akshay gave her beatings. The father of the complainant retired on 30/4/2019. She was not asked to go to her parental home alone. She asked for her jewellery, but it was not given to her. She was not even permitted to send Rakhi to her brother. She was not permitted to tie a Rakhi to her first cousin residing in Chandigarh. She was forced to regularly visit Chandigarh by travelling in a bus. The family had three cars, but she was not permitted to use any. The complainant became ill, and Akshay and Urmila taunted her by saying that she was not fed properly by her parents. Akshay told the complainant on 16/1/2019 not to visit the home; however, Urmila forced the complainant to visit the home. On the next day, Akshay forced the complainant to rub her nose on his feet. Complainant was called on the eve of her wedding anniversary on 21/10/2019. She was harassed on 26/10/2019. Urmila called her 'Manhoos Aurat' and tried to throw 'Diyas' upon her. Akshay took her to the Bus Stand on 28/10/2019 and told her not to return. He also quarrelled with her. The complainant was also selected as a Medical Officer at Haryana, but she could not join due to the fear of her husband and her parents-in-law. The complainant served a notice upon Akshay on 26/11/2019 for the dissolution of marriage. Akshay informed her that he had moved the Punjab and Haryana High Court for pre-mediation litigation. Akshay backed ut f the terms of the settlement. Akshay came to Himachal Pradesh on 23/7/2020 and threatened the complainant and her family members with dire consequences. The complainant reported the matter to the police. Akshay threatened the c mplainant by saying that he had sent the normal pictures, and in case of any complaint, he would send other pictures. The complainant was forced not to pursue her complaints. Ultimately, the complainant filed the written complaint to the police on 5/4/2022; however, the police did not take any action in the matter. Hence, a complaint was filed before the Court.

(3.) Being aggrieved by the filing of the complaint, the petitioners have filed the present petition, asserting that the complainant resided happily with her husband. She had cordial relations with the petitioners. She left Chandigarh to Noida and thereafter to New Delhi to pursue her education. She shifted to Gurgaon, Haryana and remained in Haryana till December 2016 She attended counselling sessions for M.D. Course in various States and got selected for M.D. Course at PGI, Rohtak She had a quarrel with her husband on 23/7/2020. She made a complaint to the police. The police investigated the matter and found that various litigations were pending, and no case was made out. She made a complaint to the Superin endent of Police, Rekong Peo, on 30/3/2022, but the police did not take any action. The police also submitted a copy of the investigation report to the learned CJM, Kinnaur. She filed a false complaint against the petitioners. The contents of the first complaint (Annexure P-4) are in variance with t e subsequent complaints. These variations show that the complaints are false and the complainant has materially mproved upon her version. She purchased the orchard and the vehicle in her name. Efforts were made to settle the dispute, and Akshay was ready to settle the dispute; however, the complainant refused to settle the matter. She also stated before the Mahila Kalyan Parishad, Kinnaur, that she did not want to reside with her husband. She filed a case under the Protection of Women from Domestic Violence Act, in which no interim relief was granted.