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High Court of Punjab and HaryanaCRM-M/41909/2015dismissed

Ravinder Mehta & ANR v. State Of Haryana & ANR

2015-12-10Mr. Justice Harinder Singh Sidhu3 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-41909 of 2015 .....

Date of decision:10.12.2015 Ravinder Mehta and another .....Petitioners v.

State of Haryana and another .....Respondents ....

Present:

Mr. Munish Mittal, Advocate for the petitioners. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.731 dated 25.11.2015 (Annexure-P.1) registered for the offences under Sections 498-A, 406, 506 and 34 IPC at Police Station Sector 7, Faridabad, District Faridabad and all further consequential proceedings arising therefrom.

Learned counsel for the petitioners argued that no case is made out from the perusal of the FIR and registration of the FIR against the present petitioners is misuse of the process of law. After hearing learned counsel for the petitioners and going through the record, I find that the present FIR has been registered on the complaint of respondent No.2 Shanu Garg. As per the FIR, she was married to Pushpesh Mohan on 9.12.2010 in accordance with Hindu rites and ceremonies. There are allegations that swift car was demanded on very short notice which was purchased by paying extra premium. It is further

Cr. Misc. No.M-41909 of 2015 [2] stated that her father had to over spend on her marriage. There are also allegations in the FIR that she was also financially exploited by her in-laws i.e. by her husband till she remained in her matrimonial home. All her salary has been swallowed by all three of them. Her mother-in-law used to taunt her and humiliate her on account of bringing less dowry. On various occasions, when her parental family members used to give her cash money, her mother-in-law used to take that from her. Her husband frequently used to drop her to her parental home by promising that he would take her back after 10-15 days, but did not use to come for 1-2 months to take her back.

As per the allegations, it is further her case that during the initial period of her pregnancy her mother-in-law pressurized her to get the sex of the fetus detected from the doctor conducting the ultrasound. She was forced by her parents-in-law to go to her parental home for further management. It is also in the FIR that when the atrocities of her husband an her parents-in-law crossed all limits, she tried to talk with her husband in this regard to bring some solution, her husband suggested that the only solution is that she should commit suicide by jumping from the third floor of his house. There is also allegation in the FIR that even her father-in-law abused her repeatedly in vulgar and unparliamentary language. A perusal of the record, in no way, shows that no offence is made out.

The present petitioners are parents-in-law of the complainant and specific allegations have been levelled against them in the FIR. There is nothing on the record to show that the registration of the FIR is abuse of the process of law. The FIR has been registered on 25.11.

Cr. Misc. No.M-41909 of 2015 [3] investigation is at preliminary stage and challan has not been presented so far.

Therefore, from the above, I find that there is nothing on the record to suggest that the filing of FIR is miscarriage of justice or abuse of the process of law nor it can be held that no offence is made out against the present petitioners from the perusal of the FIR. Therefore, finding no merit in this petition the same is dismissed.

December 10, 2015.

(Inderjit Singh) Judge *hsp*