PRASANTA RANI Vs. STATE

JUDGEMENT

(1.) Petitioners invoke inherent jurisdiction of this Court under Sec. 561-A Cr.P.C. seeking quashment of FIR No.10/2011 dtd. 10/9/2011 registered at Police Station GRP, Jammu under Ss. 498-A, 420, 506, 34 RPC.

(2.) In the petition, it is stated that petitioner No.1 is the real mother-in-law and petitioner Nos. 2 to 4 are brother-in-law of complainant/respondent No.2, they are all married having children. It is stated that one deceased Raj Kumar Dewan was the head of the family and one eldest son Sanjay Dewan is the husband of complainant/respondent No.2 namely Smt. Geetika Dewan. The entire family lived jointly at 70-A Saket Meerut, U.P. Both Sanjay and Geetika also lived with the petitioners and deceased R.K.Dewan as the member of joint family continuously from their date of marriage upto 25/2/2011. It stated that head of the family Sh. R.K.Dewan unfortunately died in a fire massacre on 10/4/2006. Neither petitioners nor respondent No.2-Geetika and Sanjay Dewan after their marriage have at any stage lived at Jammu. It is further stated that Dewan family is a well known business/industrialist family of Meerut. The family has various businesses and run through companies, firms and society. Late R.K.Dewan and petitioner No.1 also created one trust under the name and style of Aryaman Educational Society 70-A, Saket Meeruit in the year 2002-03. The object and purpose of the trust was to set up an educational institutions/school for imparting education to children of all caste, creed and colour without distinction. The petitioners along with Sanjay Dewan and Geetika Dewan were the founder Trustee/members of the society. The trust was found under the complete control of Sanjay Dewan being the eldest son. Thereafter assets of the trust were created by deceased R.K. Dewan and petitioner No.1 and a school under the name and style of Dewan Public School International, Rithani, Partapur, Meeruit came up on the assets being run, manage and control by the above said Aryaman Society. It is further stated that the family had always reposed all trust faith and confidence in Sanjay Dewan being the eldest son of the family and petitioner Nos. 2 to 4 paid all respect and honour to the eldest brother and always obeyed to the command and directions of Sanjay Dewan without ever questioning the decision and directions as abiding younger brothers. Sanjay Dewan after the death of Sh. Raj Kumar Dewan became more dominant in the family businesses and Geetika Dewan at home. The family still continued to repose all the trust and confidence in Sanjay and Geetika in routine and regular course of business and family. In an around July 2010, the petitioners started getting information of misappropriation of funds, misdeeds, misconduct, fraud and forgery committed by Sanjay Dewan in the business. Though it was really shocking and hard to believe but as evidence started pouring in, and Sanjay's illegal acts, deeds and things got corroborated and confirmed his fraud was fully highlighted being in crores resulted into unhappiness and disputes in the family. Consequently a civil suit being OS No.207/2011 'Dewan Steels Ltd. vs. M/s Vasudev Industries Pvt. Ltd., and Sanjay Dewan' was filed on 21/2/2011 in the Court of Civil Judge, Sr. Division Meerut. The suit was for declaration of illegal null and void sale deed of immoveable property fraudulently sold by Sanjay Dewan. Sanjay Dewan on coming to know of the filing of the above said suit got very angry and flaired up. He created great nuisance in the house. He misbehaved with the petitioners and other members of the family, threatening them for dire consequences. He even threatened to involve the petitioners into false and frivolous criminal cases if the suit is not withdrawn. It is further stated that Sanjay and Geetika along with the children on 25/2/2011 left the family house 70-A, Saket Meeruit along with all their goods, articles and belongings including gold and jewellery, to the family's another fully furnished house D-122, Sector 47, Noida, U.P. It is relevant to state that since the marriage having taken place thirteen years back, the parties being living as joint family over the period, the gifts of the marriage being consumed or have been defused through use in the family. This is the reason why the complainant has not even casually mentioned anything with respect to the same in her complaint.

(3.) It is further stated that Sanjay Dewan repeated threats even thereafter and petitioner No.1 apprehending danger at the hands of Sanjay on his repeated visits to Meerut house left petitioner No.1 with no option except to take the most unpleasant forced decision of her life as mother to report with DIG Police Meerut on 27/2/2011, seeking protection of family members from Sanjay and forbidding him to enter into the Meerut house and near by areas. In spite of the above, both Sanjay and Geetika continued to create nuisance and pressure tactics for withdrawal of civil suit and to further stop probing enquiries, and complaints to various authorities and departments against Sanjay Dewan, and repeated visits of both of them in the house resulting into quarrels and nuisance, and seeing no help from police authorities, petitioner No.1 was forced to file another civil suit No.279/2011 in the Court of Civil Judge Sr. Division Meerut against Sanjay and Geetika restraining them from permanently entering into the family house at 70-A Saket, Meerut and the suit is still pending. As the family came to know that Sanjay Dewan has, while he had charge of family businesses, committed certain acts which accounted to fraud and forgery, resulted in separate FIRs being filed and registered with concerned police in Meerut as FIR Nos. 243/2011 and 245/2011 with Police Station Civil Lines Meerut.