Punjab-Haryana High Court
Krishan Lal And Ors. vs State Of Haryana And Anr. on 24 April, 1990
Equivalent citations: II(1990)DMC344
JUDGMENT Jai Singh Sekhon, J.
1. Santosh Rani, complainant, in FIR No. 213 lodged on 4-7-1988 at P.S. City Kaithal had alleged that she was married to Baldev Raj accused on 4-4-1984 at Kaithal according to Hindu rites. Her parents and brothers allegedly spent Rs. 40,000/- on her marriage. The complainant's brothers had spents Rs. 3000/- on the Rokna ceremony i.e. the accused was given Rs. 1100/- as Tikka besides spending of Rs. 1400/- on sweets etc. and Rs. 500/- on milni. Baldev Raj accused No. 1 was also given Rs. 5000/-, in cash with the understanding that he will deposit the same with the Bank in the name of the complainant as her individual exclusive property. Piare Lal accused is the father of Baldev Raj husband while Babu Ram, Krishan Chand, Om Parkash and Sham Lal are the brothers of the husband. It is alleged that the dowry articles worth Rs. 24/25,000/- were entrusted to both the accused jointly. Soon after the marriage, Baldev Raj i.e., the husband and the other family members started maltreating the complainant for having brought less dowry and demanded Rs. 5000/- for television and cooking gas. The family of the complainant paid this amount after about three months of the marriage but the accused failed to purchase the television or the cooking gas. The respondents continued torturing the complainant to the extent of putting her to thinking of committing suicide. Ultimately, she was turned out of the house by the accused respondents in the month of July 1985, as she failed to fulfill their demand of Rs. 10,000/- from her parents for the purchase of scooter. She was also mercilessly beaten at the time of turning her out. It is further averred that Baldev Raj accused failed to rehabilitate her despite the intervention of respectables and they have refused to return the above-referred articles of dowry. Along with the FIR (Annexure P. 2) list of articles given in dowry was appended.
2. All the accused-petitioners excepting Baldev Raj husband have moved for quashment of the first information report mainly on the ground that the allegations regarding entrustment of the dowry articles and torture are vague and that the petitioners are residing separately from aforesaid Baldev Raj husband and there is no question of returning the articles of dowry or torturing Santosh Rani by them.
3. On notice the respondent State has filed return contending that the allegations against petitioners regarding entrustment of dowry and maltreatment are specific and that the chalan has been put in Court and the trial Court shall examine all these aspects of the matter while framing the respective charges.
4. I have heard the learned counsel for the parties besides perusing the record. In the case in hand, the first information report has been lodged by Santosh Rani herself and she has not specifically stated in it as to whom the articles of dowry at the time of marriage were entrusted except alleging that all these articles were received by all the accused. It is not disputed that in the statements of the other witnesses under Section 161 of the Code of Criminal Procedure, there are no specific allegations in this regard against any of the accused. The specific allegations pertain to entrustment of Rs. 5000/- to Baldev Raj husband of the complainant and he has not applied for quashment of these proceedings. The allegations of torture are also of general nature as no time, date and the manner of maltreatment had been mentioned in the first information report.
5. There is considerable force in the contention of the petitioners that they are residing separately from aforesaid Baldev Raj as the description of the residence of the accused-petitioners in the first information report so reveals. The petitioners are described to be residents of Roorkee while Baldev Raj husband of the complainant is residing at Haridwar. The perusal of Annexures P. 4 and P. 5 filed by the petitioners also shows that Babu Ram, Kishan Chand, Om Parkash and Sham Lal are inter se residing separately in separate houses at Roorkee. This circumstances also reflects adversely upon the vague allegations made by Santosh Rani that all the accused used to maltreat her or these accused-petitioners had misappropriated her stridhan.
6. Under these circumstances, no useful purpose will be served if these proceedings are allowed to continue before the trial Court, because the inherent infirmity regarding the vagueness of these allegations against the present petitioners in the first information report and the respective statements of the witnesses cannot be cured by the witnesses in their testimony at the trial. It is the consistent view of this Court that such like vague allegations are not sufficient to allow the continuance of the criminal proceedings against the accused. The decision of this Court in Suresh Kumar and Ors. v. State of Haryana, 1989 (2) Recent Criminal Reports 73 can safely be referred in this regard.
7. For the foregoing reasons, FIR Annexure P. 1 and the proceedings instituted on its basis against the present petitioners are quashed by accepting this petition qua these petitioners.