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2023 DIGILAW 314 (HP)

Vishal v. State of Himachal Pradesh

2023-05-26

VIRENDER SINGH

body2023
JUDGMENT : Virender Singh, J. By way of the application, filed under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), the applicants have sought the indulgence of this Court to direct the Police/Investigating Officer to release them on bail, in the event of arrest, in case FIR No.10 of 2023, dated 30th April, 2023, registered with Women Police Station BCS, Shimla, District Shimla, H.P., under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’). 2. According to the applicants, they are innocent persons and have falsely been named as accused, in the present case. They have termed the FIR registered against them as false. The allegations against the father of the complainant have also been levelled. 3. On the basis of the factual position, so narrated in the application, the applicants have sought the relief, as claimed, by them, in the petition. 3. When put on notice, the police filed the status report, disclosing therein that on 7.4.2023, the complainant Diksha Kumari, moved a complaint before the Police. Initially, she expressed her intention to have counselling session with her husband, mother-in-law and sister-in-law. Consequently, the dispute was found to be out of the matrimonial dispute. As such, efforts were made to settle the dispute, by calling them to the Police Station on 20.4.2023. However, when the matter could not be settled, then the complainant moved the complaint before the Police, alleging therein, that she is presently residing with her parents in Set No. 4, Black No.8, Police Colony, Kasumpti, Shimla-171006, which accommodation is allotted to her father namely Sh. Babu Ram, who is employed in Police Department at Shimla. She was married to one Sh. Vishal S/O Late Sh. Madan Lal, resident of village Gadhiyana, PO Majhiar, Tehsil Nadaun, Gandhiana (20/11), Hamirpur, Himachal Pradesh on 19th October, 2021, as per the Hindu rituals. 3.1. The marriage was solemnized at her parental house at village & PO Chhakoh, Tehsil Sadar, Distt. Bilaspur, H.P. Her husband Vishal is employed in IDP Education Study Abroad, SCO-149-150, Second Floor, Sector-9-C Chandigarh as counselor. Madan Lal, resident of village Gadhiyana, PO Majhiar, Tehsil Nadaun, Gandhiana (20/11), Hamirpur, Himachal Pradesh on 19th October, 2021, as per the Hindu rituals. 3.1. The marriage was solemnized at her parental house at village & PO Chhakoh, Tehsil Sadar, Distt. Bilaspur, H.P. Her husband Vishal is employed in IDP Education Study Abroad, SCO-149-150, Second Floor, Sector-9-C Chandigarh as counselor. She has futher submitted that right from the day of her entry in the house of her in-laws on 19th October, 2021, the instances of cruelty and teasing her started, in as much as, her mother-in-law, namely, Smt. Pawan Kumari, and sister-in-law, namely, Sweta, started teasing her by uttering the words that there was no proper arrangement for the "Barat" made by her parents and only pumpkin and Moong Dal etc., were served to the "Baratis" and that she has entered the house with empty handed etc. etc. As it was her very first day in the house of her in-laws, therefore, she had no option but to keep mum and bear the taunts by swallowing the humiliating remarks. 3.2. On 24th October, 2021, there was marriage of brother of the complainant, namely, Sh. Vijay Kumar, in the native place of her father i.e. VPO Chhakoh, Tehsil Sadar, Distt Bilaspur, HP and after the marriage of her brother, her husband again raked up the issue that the Dishes were very poor because of which they have felt insulted in the public and amongst the "Baratis" etc., and started raising the quarrel on the very flimsy grounds. Needless to state that her father had hired the services of caterers for her marriage on 19th October, 2021 and the marriage of her brother on 24th October, 2021 and the dishes prepared were appreciated by all and sundry, who attended the marriage ceremony and enjoyed the function. That after her return from the marriage of her brother to the house of her in-laws, again, her mother-in-law, sister-in-law and even her husband started teasing and taunting her by saying that her parents have not given and gifted them proper clothes nor any dowry utensils, beddings etc. have been given by her parents to them and therefore, they are not having any beddings and utensils for her for the purpose of cooking and beddings for sleeping. have been given by her parents to them and therefore, they are not having any beddings and utensils for her for the purpose of cooking and beddings for sleeping. 3.3 After hearing all the aforesaid comments/taunts, she was constrained/forced to purchase the utensils, Almirah, Washing machine and beds by spending a sum of Rs. 70,000/-, so that the thust and greed of her in-laws for dowry could be quenched. After a period of about 1½ months, she went with her husband to Jallandhar in the month of December, 2021, where, he was employed at the relevant time. Even, at Jallandhar, her mother-in-law and sister-in-law used to provoke her husband on phone regarding the poor arrangement in the marriage, on dowry issues etc., and on their provocation, her husband used to taunt and tease her. 3.4. In the month of February, 2022 the husband of the complainant was posted/shifted to Chandigarh and employed at the present place of posting i.e. IDP Education Study Abroad, SCO 149-150, Second Floor, Sector-9-C Chandigarh and residence was taken on rent at Mohali i.e. House No. 2831, Phase VII, Sector-61, SAS Nagar, Mohali and she was also residing there with her husband, in asmuch, she also joined job in HDFC Bank at Mohali and thereafter, in Tiger Wealth, Sector-9 at Chandigarh, so that, she could also contribute to the income of the family and help her husband in meeting the day to day family expenses. Right from her joining the job, she used to contribute a sum of Rs. 6,000/P. M. to the family income after meeting her personal expenses. 3.5. Thereafter, whenever husband of the complainant used to visit his native place at Nadaun, he started avoiding and ignoring her in as much as she was not taken to her in-laws house on the advice of her mother-in-law and sister-in-law and her husband only repeatedly asked her to give him the keys of the Almirah, which was purchased by her for staking her personal belongings and jewellery, clothes etc., on the ground that he is to take out his passport from the said Almirah. It is further stated that there was no passport in the said Almirah, rather, he along with her mother-in-law and sister-in-law were hatching conspiracy to take out the Jewellery which was provided by them, as well as, by her parents to her as "Stridhan". It is further stated that there was no passport in the said Almirah, rather, he along with her mother-in-law and sister-in-law were hatching conspiracy to take out the Jewellery which was provided by them, as well as, by her parents to her as "Stridhan". When she refused to handover the keys of her Almirah, then, her husband shouted and screamed on her in an abusive and filthy language to her and to her parents and she was slapped, beaten and threatened of dire consequences in case the incident is disclosed to any one. 3.6. Considering that everything would be alright after some time, the complainant never disclosed the instances aforesaid to any one and not even to her parents. 3.7. The position aforesaid became bad to worst in the month of March 2023, after Holi festival, in asmuch as, her husband had visited his native place for Holi and demanded the keys of Almirah and after returning from home to Mohali, on 10th March, 2023, he again started teasing, taunting, shouting and screaming on her on the "issue of Almirah keys", on which, she responded that there are precious articles in the Almirah and therefore, he should have taken her also to the native place, so that, we could have searched for passport in the Almirah, on which, again, he uttered very filthy language, manhandled/beaten her and asked her to get out of his quarter. 3.8. Mother-in-law, sister-in-law and husband of the complainant were hatching a conspiracy to take out her jewellery, as, on many occasions, they had uttered the words that her jewellery would be given to her sister-in-law on her marriage and they would be saved of expenses on account of jewellery. On inquiry having been made by her, she came to know that her husband is having affair with another girl, namely Shivani, who is employed in his office and was seen, by her, flirting with her openly and is now liking her, because of which, he is now deserting her and treating her with cruelty. She is apprehending that her husband, mother-in-law, as also, her sister-in-law are hatching a conspiracy to get rid of her. Thereafter, her husband started calling her father that he want to discuss the issues with him. She is apprehending that her husband, mother-in-law, as also, her sister-in-law are hatching a conspiracy to get rid of her. Thereafter, her husband started calling her father that he want to discuss the issues with him. In the meantime, her husband also brought her mother-in-law with him to Mohali, where, again both of them started maltreating her, in asmuch as they started teasing and taunting her and started adding fuel to the fire, so that, she could get out of the quarter/ residence. 3.9. Since the husband and mother-in-law of the complainant created such an atmosphere that she was left to the circumstances, she virtually wept profusely and she rang up her father on 26.3.2023 to take her with him, as it has become unbearable for her to stay in the rented accommodation at Mohali, she is also having some recording of the quarrel, which, her husband and mother-in-law raised on 26.3.2023, which would evidence the fact of ill treatment being meted out to her. 3.10. Not only this, her father, along with some respectable persons, also visited the house of her husband at Nadaun on his request on 2.4.2023, for resolving the disputes and amicable settlement, but, of no avail. 3.11. The act and conduct of the husband, mother-in-law, Mausis, Masad Sh D.D.Chaudhary, Sanju their son-in-law and Smt. Indu Devi w/o Sanju and other people, who were not known to the complainant and her father, but all of them supported her husband and mother-in-law and none tried to resolve the issue. Her husband and mother-in-law were only talking about the dowry and that no proper treatment was given to the Baratis etc. etc. Though, her father tried his level best to pacify the situation and resolve the issue, but they were adamant that neither she will be allowed to stay at Nadaun nor at Mohali with her husband and consequently, she had no alternative and was obliged to bring her clothing’s only from Mohali and came back to stay in the residence of her father at Shimla in asmuch as she was being threatened of dire consequences and to get her kidnapped and killed by hiring some ‘goondas’. 3.12. 3.12. All the facts and circumstances stated herein above constitute the instances of physical abuse and harm, lowering the dignity of woman, as also verbal and emotional abuse by insulting, ridiculing, humiliating and economic abuse under the provisions of Protection of Women from Domestic Violence Act, in as much as, she was subjected to economic hardship by forcing her to contribute for the income of family and ultimately, she had to resign from the job because of the constant threats, fear from her husband and his family and relatives. 4. On the basis of the above submissions, a prayer has been made to investigate the matter and to take appropriate action under the law. 5. On the basis of the above facts, the FIR, in question, has been registered with the Women Police Station, BCS, Shimla and the police swing into motion. 6. On 12.5.2023, while directing the Investigation Officer, to release the applicants on bail, in the event of their arrest, a direction was also given to the applicants to join the investigation, as and when directed by the I.O., to do so. 7. In view of the said directions, the applicants have joined the investigation and were released on bail. Lastly, it has been mentioned in the status report that investigation, in the present case, is almost complete. 8. Considering the factual position, as mentioned in the status report, this Court is of the view that the Police is not able to make out a case against the applicants for custodial interrogation. As such, the interim order dated 12th May, 2023, passed by this Court is hereby made absolute. Therefore, it is ordered that the applicants be released on bail, in the event of their arrest, in case FIR No. 10 of 2023, dated 30th April, 2023, registered with Women Police Station BCS, Shimla, H.P. under Sections 498A, 504 and 506 read with Section 34 IPC, on their furnishing personal bail bonds, in the sum of Rs.50,000/-, each with one surety each of the like amount, to the satisfaction of the learned trial Court. This order, however, shall be subject to the following conditions: a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) The applicants will not leave India, without prior permission of the Court; c) That the applicants will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) That the applicants shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application. 9. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application. 10. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.