JUDGMENT Vinod K. Sharma, J:(Oral):- This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.102 dated 22-7-2006 registered at Police Station Farrukh Nagar, Gurgaon under Sections 498-A, 406, 323 and 506 of the Indian Penal Code. 2. Learned counsel for the petitioners does not press this petition qua petitioner Nos.1 and 2. Consequently, this petition qua them is ordered to be dismissed. 3. Learned counsel for the petitioners contends that petitioner Nos.3 and 4 are minors. There is no specific allegation in the FIR against them and they cannot be prosecuted under Section 506 I.P.C. being minors. 4. The FIR registered with the Police reads as under: “In the Court of Smt. Rachna Gupta, JMIC, Gurgaon. Smt. Pushpa W/O Shri Rajender and D/O Shri Arjun Singh aged 21 years, R/O Ward No.1, Farrukh Nagar Distt. Gurgaon Versus (1) Rajender S/O Shri Raghuvir aged 25 years (2) Raghuvir Singh father of Rajinder aged 55 years (3), Smt. Mishro Devi wife of Shri Raghuvir Singh aged 52 years, (4) Jai Parkash S/O Raghuvir Singh aged 20 years (5) Suman D/O Raghuvir Singh all residents of Balaji Colony, Farrukh Nagar Distt. Gurgaon accused persons. Complaint U/S 498-A, 406, 323, 506 I.P.C. P.S. Farrukh Nagar Gurgaon. The complainant most respectfully submit as under that complainant was married with accused No.1 on 8-7-2003 at their residence in Ward No. Farrukh Nagar Distt. Gurgaon according to Hindu Rites and ceremonies accused No.2 is father-in-law and accused No.3 is mother-in-law, accused No.4 and 5 are brother-in-law (Driver) and sister-in-law other complainant that at the time of marriage the complainant with accused No.1 the parents of the complainant given sufficient dowry beyond their capacity and means they had given a gold ornaments silver ornaments T.V. Bed, Table and Chair, Cooler Sewing Machine, Press, Utensils, Sarees, clothes and many other dowry items and had spent a total sum of Rs 1 lac 50 thousand in the said marriage. List of Dowry articles is attached with the complaint.
List of Dowry articles is attached with the complaint. That the accused persons were not satisfied with dowry given by the parents of complainant at the time of marriage, accused persons are greedy types of persons and even at the time of marriage accused persons 1 and 3 expressed unhappiness for not giving motor-cycle and more cash in dowry even refused to perform marriage ceremony further but with intervention of elderly persons of the village the accused person No.1 to 3 agreed to perform marriage ceremony from the very beginning of the marriage the attitude of the accused persons no. 1 to 5 towards the complainant remain in different and accused persons tortured the complainant without any reasonable cause of excuses. The accused person I to 3 started demanding motor cycle, and cash from the very beginning from the marriage, the complainant initially refused to meet the unjustified and illegal demand of motorcycle and cash because of poor condition of the parents of the complainant, so accused persons started mal treating the complainant and treated the complainant as a servant or a slave all the accused persons used to lock-up the complainant in the room whenever she was alone in the house. That in the month of August 2004, the complainant was pregnant of 4 months, accused persons gave severe bearing to the complainant and threatened the complainant to bring the motorcycle and cash or to face dire consequences but the complainant tolerating torture and harassment of the accused person without complaining her parents the complainant torturing all this thinking that good sense prevail upon the accused persons one day and thing might become all right with the passage of the time and also to save the matrimonial relations with accused persons. That in the month of October 2004 accused no.1 left the complainant in the parents house just to avoid responsibilities and delivery expenses toward the complainant since the delivery of the complainant was due in the month of October, 2004. that during the stay of complainant at her parents house the complainant could not keep the atrocities and mal treatment of accused persons to herself and narrated all these to her father, the father of the complainant borrowed a sum of Rs. 10,000/- on loan from a neighbour and gave accused no.2 in the month of Dec.2005 the complainant went to house of accused.
10,000/- on loan from a neighbour and gave accused no.2 in the month of Dec.2005 the complainant went to house of accused. The father of the complainant gave the above said amount with a hope that accused persons will be happy now and will treat his daughter well in future. Accused persons never bother to enquired about the health and well being of the complainant and newly born daughter. The behaviour of accused persons better for some time but gradually it became bad to worse and in the month of Feb 2005 accused persons 1 to 5 again gave brutal beating to the complainant accused no.1 slapped the complainant on the face accused no.3 had beaten with wooden rod in stomach and legs. Accused no.4 and 5 pushed the complainant with such a force that the complainant’s head hit the wall and she fell down lastly the complainant was lying on the floor. Accused No.2 hit the complainant with his shoes and accused no. 1 to 5 threatened to kill the complainant if she did not bring the motorcycle for accused no.1, that in the month of May 2005 when the parents of the, complainant came to know about the above said beating and threatening from their daughter who came to her from parent house on the pretext of the meeting them. The complainant wept loudly in front of her parents and refused to go the house of the accused persons, matrimonial house thereafter the complainant is presently staying at her parents house since May 2005 till Sep.2005. That in the month of Sep 2005 of after the above-said incident the father of the complainant along with few respectable persons of the Mohalla and relatives visited the matrimonial house of the complainant and requested the accused person not to torture and harass their daughter like that at this accused persons apologized promised not to repeat the same in future but the behaviour of the accused persons was normal for short period the accused persons again started torturing and demanding illegally motorcycle and cash for the accused no.1. The complainant stayed at the matrimonial house upto the second week of April 2006 life of the complainant was made hell by accused persons that in the night of 13th April 2006 accused persons no.
The complainant stayed at the matrimonial house upto the second week of April 2006 life of the complainant was made hell by accused persons that in the night of 13th April 2006 accused persons no. 1 to 5 again gave sever beating to the complainant mercilessly and snatched all her dowry articles and threw her out of the matrimonial house and threatened her not to return matrimonial house until and unless their demand of motorcycle fulfilled by her parents that in the second week of 2006 after the said incident the complainant along with her parents approached the police station Farrukh Nagar they lodged the complaint against the accused persons but accused persons 1 to 5 apologized and promised not to repeat in future at this the complainant again came to matrimonial house with the hope that finally a good sense as prevailed upon the accused persons but again and again accused persons repeated the same thing there was no change in the behaviour and attitude of the accused persons this time became worse that in evening of 30.4.2006 accused persons 1 to 5 assembled at the house accused no. I was drunk all accused persons gave severe beatings mercilessly as before and threw the complainant out of the matrimonial house in bare three clothes after snatching, all the ornaments and dowry articles of the complainant and accused persons threatened to the complainant to kill her if she returned at her matrimonial house since this incident the complainant is at parents house at the mercy of the parents accused persons not providing anything which accused no. 1 is legally bound to do so. That the complainant approached to the local police several time to lodge the complaint against the accused persons but with no result and now the complainant have been left no other option except to file the present complaint before this Hon’ble Court. That due to aforesaid Act and conduct on the part of accused no. 1 to 5 they have committed offences punishable U/s 498, 406, 323, 506 IPC and liable to be prosecuted and penalized accordingly that the marriage was solemnized and complainant is presently residing at Farrukh Nagar which is within the territorial jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to try and decide the complaint.
1 to 5 they have committed offences punishable U/s 498, 406, 323, 506 IPC and liable to be prosecuted and penalized accordingly that the marriage was solemnized and complainant is presently residing at Farrukh Nagar which is within the territorial jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to try and decide the complaint. It is therefore prayed that the complaint may kindly be sent for registration of a case U/S 156/3 Cr. P.C. To P.S. Farrukh Nagar, Distt Gurgaon to punish the accused persons for coming offences U/s 498-A, 406, 323, 506 I.P.C in the interest of justice, any other relief if this Hon’ble Court may deem fit may also kindly be granted 5. A perusal of FIR would show that there are no specific allegations against petitioner Nos. 3 and 4 and they have been involved in the case merely because they happen to be relations of husband of the complainant. The FIR does not disclose any offence against them. 6. Consequently, this petition qua petitioner Nos. 3 and 4 is allowed. The FIR and subsequent proceedings arising therefrom qua them are ordered to be quashed. —————————