IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 08.08.2019
ISLAM @ PAPPU … Petitioner
STATE OF HARYANA AND ORS …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
HARI PAL VERMA, J.(Oral)
Prayer in the present petition filed under Section 482 Cr.P.C. is
to take appropriate legal action against the accused persons in FIR No.122
dated 26.06.2018 under Sections 323, Section328, Section34, Section498A of IPC registered at
Police Station Pinangwa, District Nuh.
It is the primary grievance of the petitioner that after the
registration of FIR, police is not taking any action against the accused
persons on the basis of this FIR. As per the FIR, petitioner’s daughter Fatima
was married with Naseem son of Hasan about one year back. However, after
marriage, Naseem (husband), Hasan (father-in-law), Siara (mother-in-law),
Ruma (son of Hasan), Sehnaz (wife of Khalid) and Khalid (son of Hasan
Mohammad) started beating his daughter for not bringing car in the dowry,
and they have thrown her out of the matrimonial home many times.
Thereafter, panchayat was convened. On 25.06.2018 in the morning, an
information was received that his daughter was given beatings and has been
administered poison. Thereafter, she was admitted in Himat Rai Hospital,
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Pinangwa. When the complainant reached hospital, he was not allowed to
meet his daughter. In this manner, FIR was registered.
The status of the aforesaid FIR has been downloaded from the
official website of the Sessions Court Mewat. A perusal of the judgment
dated 05.03.2019 passed by Additional Sessions Judge, Fast Track Court,
Mewat shows that the charges in the case were framed against the accused
for the offences under Sections 323, Section328, Section498-A, Section304-B and Section216 read with
Section 34 of IPC on 29.01.2019. The petitioner, who is father of the
deceased-Fatima, appeared as PW1, but he did not support the case of the
prosecution. He had deposed that there was no demand of dowry from the
in-laws of his daughter and her relationship with them was very cordial. He
has solemnized simple marriage of his daughter, but his daughter suffered
from mental problem right from her birth and was in a state of acute
depression and illness. It is because of her illness, she consumed poison on
25.06.2018. The accused did not contribute to her death in any manner.
Accordingly, vide judgment dated 05.03.2019, the trial Court,
after appreciating the evidence on record, acquitted the accused of the
charges levelled against them.
In view of above, when the accused in the present FIR have
already been acquitted by the trial Court, the present petition is rendered
infructuous and the same is accordingly disposed of.
(HARI PAL VERMA)
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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