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IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH
CRM-M No. 44206 of 2015 (OM)
Date of decision : 13.7.2018
…
Harjang Singh and another
…………….Petitioners
vs.
State of Punjab and another
……………..Respondents
Coram: Hon’ble Mr. Justice H. S. Madaan
Present: Mr. K.S. Dadwal, Advocate for the petitioners
Ms. Samina Dhir, Deputy Advocate General,
Punjab
Mr. A.S. Brar, Advocate for respondent No.2
…
H. S. Madaan, J.
This petition under Section 482 Cr.P.C. for quashing of
FIR No. 13, dated 18.7.2015, for offences under Sections 498-A, 406
IPC, registered at Police Station Women Jagraon, District Ludhiana,
has been filed by petitioners Harjang Singh and his wife Charanjit
Kaur, both of them being accused in that FIR.
Briefly stated, facts of the case are that complainant
Balwinder Kaur d/o Babu Singh submitted a written complaint to
SSP, Police District Ludhiana (Rural), on the allegations of cheating
and turning out alongwith child in three clothes, demand of money in
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cash, misappropriation of dowry articles, being threatened with death
in case of re-entry in the house, refusal to allow peaceful life and
being threatened with divorce etc. against her husband Gurpreet
Singh Doal, father-in-law Harjang Singh, mother-in-law Charanjit
Kaur, contending therein that she was married with Gurpreet Singh
Doal on 25.2.2011. At that time her parents had spent a huge amount
of Rs.10-12 lacs giving dowry articles as per demand of her husband
and parents-in-law, including costly gifts to her husband and parents-
in-law. Complainant was permanent resident of Canada and an NRI.
It was her second marriage, the first marriage having ended in
divorce. According to the complainant she had handed over her
dowry articles to the accused. That after some time of marriage, her
husband and parents-in-law started harassing her, stating that dowry
articles had not been given as per their status. The petitioner tolerated
this maltreatment to save her marriage. She returned to Canada in
April 2011. The complainant ensured migration of her husband
Gurpreet Singh Doal to Canada who reached there in February 2012.
There he in connivance with his parents again started harassing the
petitioner. He would beat her up also. Mother-in-law of the
complainant came to Canada on 18.7.2013, where she remained for 4-
5 months. Fed up with such treatment the complainant had informed
the police.
After registration of the FIR, the petitioners are seeking
quashing of FIR for several reasons; that marrige between Balwinder
Kaur and Gurpreet Singh Doal was a simple affair and no dowry was
given or accepted, except customary gifts given to the accused and
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close relatives; that the fact that the complainant was a divorcee was
concealed from the accused; that during the stay of about two months
in India when the complainant remained in matrimonial home
alongwith her husband, she alongwith her husband spent more than
one month for going on honeymoon/enjoyment trips to Shimla,
Dehradun and various outer places and visited relatives of both the
sides and lastly the complainant left India in the first week of May
2011. As a matter of fact during her stay in India, the complainant
remained admitted in Kaliyani Hospital, Jagraon, for about 20 days
due to her pregnancy problem as a result of her previous marriage and
the entire expenditure for her treatment was borne by her husband
Gurpeet Singh Doal and the present petitioners. Gurpreet Singh Doal
left for Canada to join the complainant after about 8-9 months of
marriage and he is living over there and has never came back to India.
The couple spent time in cordial atmosphere and a male child was
born to them on 29.11.2012; that the relations between the
complainant and Gurpreet Singh Doal became strained due to bad
temperament of the complainant; that son of the petitioners, Gurpreet
Singh Doal was compelled to call the police in Canada and then
spouses started residing separately; that Gurpreet Singh Doal had
filed a case in the Court and marriage has rightly ended in divorce;
that the case regarding custody of child is pending in the Court in
Canada; that in order to cause harassment to the petitioners and their
son, Balwinder Kaur came to India on 7.7.2015 and from the Airport
straightway went to the Police and filed a complaint for registration
of a case in the office of SSP, Jagraon. She did not come to house of
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the petitioners. According to the petitioners, the Courts in India do
not have any jurisdiction to deal with the matter and the complainant
has lodged the FIR only to cause harassment to the petitioners, who
are senior citizens and have not committed any offence; that the
complainant just want to grab the property of the petitioners; that the
FIR does not disclose any offence against the petitioners and lodging
of the FIR and ancillary proceedings are an abuse of the process of
the Court.
Notice of the petition was given to the respondents, who
put in appearance.
I have heard, learned counsel for the petitioners, learned
State counsel and learned counsel for respondent No.2-complainant,
besides going through the record.
As it comes out from the record, after the marriage
Balwinder Kaur and her husband Gurpreet Singh Doal, who is son of
the present petitioners, resided in India for about two months and
thereafter left India in the first week of May 2011, going to Canada. It
seems that in Canada both the spouses developed differences and
were/are involved in litigation. The FIR in question has been lodged
on 18.7.2015 i.e. after four years of the marriage. It does not appeal
to the reason that while the complainant and her husband were
residing in Canada, the petitioners would harass and maltreat the
complainant being dissatisfied with the dowry articles brought by her
so as to pressurize her to bring more dowry articles. The alleged
incidents of maltreatment and torture of complainant by her husband
and in-laws relate to Canada and no cause of action was available to
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the complainant to lodge FIR against her husband and parents-in-law
with the police of Police Station Sadar, Jagraon. It seems that as a
pressure tactics, the complainant came to India and lodged the FIR
and it appears to be nothing but an abuse of process of law. It is
specific case of the petitioners that complainant was a divorcee at the
time of contracting marriage with their son Gurpreet Singh Doal,
which fact was concealed by her and her parents. In that way they had
cheated them but despite that they kept quiet and did not take any
action. In Canada also, fed up with the maltreatment and misbehavior
of the complainant, her husband Joga had filed a divorce petition
dated 16.9.2015, before Superior Court of Justice, Brampton, Ontario,
though case regarding custody of child is pending before Superior
Court of Justice, Brampton, Ontario. The complainant has lodged the
FIR to pressurize her husband and in-laws and to grab the landed
property of her in-laws.
Furthermore, the allegations in the FIR are general and
sweeping. No specific entrustment of any dowry articles has been
alleged. Within a period of two months, the complainant could not
have been subjected to such cruelty etc. so as to force her to bring
more dowry articles from her parents. If it was so, then the question
arises that why did she kept quiet for such a long time and lodged the
FIR all the way coming to India from Canada, after four years, when
her husband filed a divorce petition against her and sought custody of
their son by moving a petition in the Court of competent jurisdiction
at Brampton, Ontario, Canada and not at the earliest when she was
allegedly harassed in connection with dowry soon after the marriage.
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Learned counsel for the petitioners has referred to
various authorities, first of the those being Sukhdeep Kaur and
another vs. State of Punjab and another 2015 (4) RCR (Criminal)
892, by a Coordinate Bench of this Court, wherein it was observed
that in the recent past a tendency has developed for roping in all the
relations of husband in dowry cases in order to browbeat and
pressurize the immediate family of the husband. It was further
observed that for the fault of the husband, the other relations cannot,
in all cases, be held to be involved in the demand of dowry.
He has further pressed into service Bhaskar Lal
Sharma and another vs. Monica 2009 (3) RCR (Criminal) 866, by
the Apex Court, wherein it was observed that any gift made to the
bridegroom or his parents whether in accordance with any custom or
otherwise also would not constitute any offence under Section 406
IPC.
Learned counsel for the petitioners has further placed
reliance upon Smt. Adarsh and others vs. State of Punjab and
another 1992 (1) RCR (Criminal) 667, by a Coordinate Bench of this
Court, where while dealing with a case relating to an FIR under
Sections 406, 498-A IPC, relating to allegations of misappropriation
of istridhan, it was found that allegations were highly improbable and
not acceptable to common sense. The FIR was quashed qua the
petitioners holding that it is no rule of thumb that whatever has been
stated in FIR has to be accepted as gospel truth even if it is altogether
unacceptable to common sense. It was a case where the wife had
lodged FIR under Section 406 and 498-A IPC, against the entire
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family members of husband without making specific mention as to
which particular article of dowry was handed over to which particular
accused. The FIR qua sister, brother and brother’s wife of husband
was quashed.
Another authority referred to by learned counsel for the
petitioner in Rakesh Kumar and others vs. State of Punjab and
others 2009 (2) RCR (Criminal) 565, by a Coordinate Bench of this
Court, wherein it was observed that High Court can quash the
proceedings even after framing of charge.
In view of the above discussion, the petition has merit
and deserves to be accepted, the same is allowed. Resultantly, the FIR
alongwith its ancillary proceedings are ordered to be quashed, being
an abuse of process of law and in the interest of justice. .
( H.S. Madaan )
13.7.2018 Judge
chugh
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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