Cri. Misc. No. M-9932 of 2014. Case: Arvind Vs State of Haryana. High Court of Punjab (India)
| Case Number | Cri. Misc. No. M-9932 of 2014 |
| Counsel | For Petitioner: J. P. Dhull, Adv. and For Respondents: G. S. Sandhu, DAG Haryana, Raman Sharma, Advs. |
| Judges | Ms. Anita Chaudhry, J. |
| Issue | Criminal Procedure Code (2 of 1974) - Section 482 |
| Citation | 2015 CriLJ 1288 |
| Judgement Date | September 02, 2014 |
| Court | High Court of Punjab (India) |
Judgment:
-
The petitioner is brother-in-law of respondent No.2. He is seeking quashing of case FIR No. 715 dated 04.09.2013, under Sections 313, 323, 406 and 498-A read with Section 34, IPC, registered at Police Station City Jind, District Jind, at the instance of respondent No.2.
-
The investigating agency investigated the matter and filed the challan against the petitioner and other accused only under Sections 323, 406 and 498-A read with Section 34, IPC.
-
The marriage of respondent No.2 Shalini was solemnized with Navneet on 12.10.2011. The allegations are that the accused were not happy with the dowry and harassed her. On account of the beatings, a miscarriage took place. The complainant was thrown out of her matrimonial home and her stridhan was misappropriated by the accused.
-
The FIR runs in number of pages and as the quashing has been sought by the petitioner only, his role needs to be examined.
-
As per allegations levelled by the complainant, whenever the petitioner used to visit Bahadurgarh, he passed bad remarks. Further, on 26.05.2013 the petitioner and his brother asked the complainant to leave the matrimonial home and on her refusal, they forcibly threw her out of the house.
-
It has been contended by learned counsel for the petitioner that the allegations against the petitioner are general in nature and they have roped all members of the family. It has further been contended that the petitioner is residing and pursuing his studies at Kurukshetra whereas the couple was residing at Bahadurgarh, thus he could not interfere in the married life of the couple. Reference has also been made to Annexure P-1, a news item showing that the complainant and her husband had been disowned by Smt. Krishna Devi, mother of the petitioner.
-
In the reply filed by the State and complainant, it has been averred that sufficient material was collected against the petitioner during investigation prima facie showing his involvement in the offence and therefore, he was rightly booked and final report was filed against him and other accused.
-
I have heard learned counsel for the parties and have gone through the paper-book carefully.
-
The Apex Court has laid broad guidelines in relation to exercise of powers under Section 482, Cr.P.C. in the case of State of Haryana and Ors. v. Bhajan Lal and Ors., 1991(1) RCR (Crl.) 383: (AIR 1992 SC 604), and it has been observed in clear words that where the allegations made in the complaint or FIR, if taken...
To continue reading
Request your trial