ASHOK BENIWAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioners under Section 482 Cr.P.C. seeking quashing of FIR No. 267 of 2013 registered at the Police Station Gharsana, District Sri Ganganagar and all consequential proceedings sought to be taken thereunder against the petitioners for the offences under Sections 498A and 406 IPC.

(2.) Facts in brief are that the petitioner Ashok Beniwal was married to the respondent No. 2 Smt. Rameshwari Devi in the year 1997 at Sadul Shahar (Haryana). The respondent No. 2 lodged the impugned FIR against the petitioner at the Police Station Gharsana on 03.07.2013 alleging inter alia that wholesome dowry was given to the accused persons in the marriage. The complainant was also gifted 25 tolas of gold by the father of Ashok in the marriage which is her streedhan. No sooner, the complainant arrived at the matrimonial home after the marriage, the accused started taunting her owing to demand of dowry and also made comments on her short stature. Ashok Kumar used to taunt the complainant saying that he expected a woman with better attributes and that she had not brought any significant dowry as well. Vicious comments were made on the dowry articles given by the complainant's maternal in the marriage. In the year 2000, the complainant was turned out with a threat that she should bring a sum of Rs. 2,50,000/- from her maternal for purchasing a plot in Hisar or else, she would not be allowed back in the matrimonial home. The complainant approached her parents and apprised them about the demands being made the accused but they expressed inability to satisfy the same. The complainant then approached her maternal uncle Shrichand and told him about the torture being inflicted upon her on which, Shrichand gave her some money which she handed over the accused with which, the accused purchased a plot in Sector 16-17 in Haryana. For a few days after this demand had been satisfied, the accused did not misbehave with the complainant but the foul activities of the accused resumed soon thereafter. Taunts and insinuations were hurled regarding the complainant's short stature, the clothes and other articles given by the complainant's maternal in the marriage and uncalled for and trivial mistakes were pointed out in the household chores being carried out by the complainant and she was harassed on this count. These events became a routine part of her life. Ashok used to assault her frequently. The complainant bore a child from Ashok. She was threatened that Ashok had secured a good job and that she would be turned out of the house and Ashok would remarry. The complainant continued to bear the cruel behaviour of the accused looking to the future of her child. The complainant somehow procured a sum of Rs. 1,00,000/- from her mother and gave it to the accused. However, the accused continued to press her with with more demands imputing that her brother was having a flourishing business and that more money should be brought from him. On 03.04.2013, the complainant was turned out of the house only in her clothes and she was asked to bring 7-8 lac rupees cash from her brother for repaying some bank loan. The complainant's relatives were unable to satisfy the illegal greed of the accused upon which the complainant filed an application in the court of the Judicial Magistrate (First Class), Gharsana under the provisions of the Domestic Violence Act. The parties were called in the court on 05.06.2013 to explore the possibility of a settlement but the accused did not respond to the pleas of the complainant and persisted with their demands and threatened that the accused Ashok would remarry. The complainant demanded her Streedhan back from the accused but they bluntly refused. The Judicial Magistrate (First Class), Gharsana awarded a sum of Rs. 12,000/- per month as well as the residential rights to the complainant in the proceedings under the Domestic Violence Act. The complainant went to reside in shared household i.e. House No. 730 in Sector 16-17, Hisar but found it locked. Thereupon, the complainant went to her sister Rukmani's house who resides nearby. On inquiry, she was informed that the accused had illegally transferred the said house. The brother of the complainant again tried to settle her back in matrimony by convening meeting at Gharsana on 28.06.2013 but the accused bluntly refused to accept the proposal of settlement. Thereupon, the impugned FIR came to be lodged by the complainant at the Police Station Gharsana, District Sri Ganganagr.

(3.) The learned Public Prosecutor has submitted a factual report of the I.O. as per which, thorough investigation was conducted in the matter and the offences have been found proved only against the petitioner Ashok Beniwal, being the husband of the complainant. During investigation, the investigating officer has concluded that a Maruti Car bearing No. RJ-13-C-4171, which was allegedly given to the accused by way of dowry, continues to be registered in the name of Hansraj (the brother of the first informant).