Punjab-Haryana High Court
Date Of Decision: 16.10.2012 vs State Of Punjab And Another on 16 October, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-7271 of 2011 (O&M) -1-
Crl. Misc. No. M-27802 of 2011 (O&M)
In the High Court of Punjab and Haryana at Chandigarh
1. Crl. Misc. No. M-7271 of 2011 (O&M)
Date of Decision: 16.10.2012.
Lakhvir Singh @ Lakhi .......Petitioner
Versus
State of Punjab and another .......Respondents
2. Crl. Misc. No. M-27802 of 2011 (O&M)
Sunita Rani .......Petitioner
Versus
State of Punjab and another .......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. M.S.Uppal, Advocate
for the petitioners.
Mr. J.S.Sandhu, AAG, Punjab.
Mr. L.S.Sidhu, Advocate
for respondent No.2.
****
SABINA, J.
Vide this judgment, above mentioned two petitions would be disposed of as the petitioners have sought quashing of the FIR No. 100 dated 18.12.2009 under Section 406, 498-A, 419, 420, 34 of the Indian Penal Code registered at Police Station Joga, Tehsil and District Mansa (Annexure P-1) and all the consequential proceedings arising therefrom.
Learned counsel for the petitioners has submitted that the petitioners had been falsely involved in this case. In fact, petitioner Lakhbir Singh @ Lakhi was merely working as a Servant cum Driver of petitioner Sunita Rani. The FIR in question had Crl. Misc. No. M-7271 of 2011 (O&M) -2- Crl. Misc. No. M-27802 of 2011 (O&M) been lodged as the complainant had unable to go to Canada along with her husband.
Learned State counsel, on the other hand, has opposed the petitions.
Learned counsel for respondent No.2, on the other hand, has submitted that Lakhvir Singh @ Lakhi had posed himself as brother-in-law of Rakesh Kumar. He had participated in all the marriage ceremonies as a relative of the husband of the complainant. Serious allegations had been levelled against the petitioners in the FIR.
After hearing the learned counsel for the parties, I am of the opinion that both the petitions deserve dismissal.
Contents of the FIR reads as under:-
My Name is Anita Rani Bhanot R/o VPO Aklia, Distt. Mansa. I got married to Rakesh Kumar Bhanot r/o Bhaini Sahib, distt. Ludhiana Punjab in 15-2-2009 in Aklia as per Hindu marriage. The marriage was solemnized in Rawab Resort, Mansa Barnala Road, Joga. My husband is a Canadian citizen, while my mother-in- law is an Indian passport holder staying at the address aforesaid. The accused had given an add in the local newspaper in 2007 and the add depicted the accused as a very good person. My parents started correspondence with them for my marriage. This correspondence/contact continued for 2 years and finally the marriage was arranged in 2009 and fixed for 15.2.2009. Sunita Rani, the mother of the accused met my parents before marriage and demanded that the marriage be a lavish Crl. Misc. No. M-7271 of 2011 (O&M) -3- Crl. Misc. No. M-27802 of 2011 (O&M) affair as the boy was NRI and demanded that we pay in cash instead of gifts as the newly married couple has to settle their house in Canada and the girl and the boy can buy as per their needs in Canada. On 11th February, 2009, my mother-in-law Sunita Rani, my sister-in-law and my brother-in-law Lakhbir @ Lakhi came to our house to discuss the arrangements and dowry. They demanded diamond ring, chain, designer watch- kada, expensive suit length and tikka of Rs.100001/- for the groom and diamond set for the sister-in-law and mother and Rs.51000/- to each of them on the engagement day on 12.2.2009. The day of the ring ceremony/engagement my parents gave a big solitaire diamond ring, gold chain kada expensive watch suit length to my husband, the accused and gold and diamond set to my mother-in-law and sister-in-law and other relatives among other things.
Mine was the first marriage in my family so my parents decided to do it to the best of their capacity in try to fulfill every demand of the boy and his family. My parents spent more than 12 lacs on the marriage and gave Rupees Five lacs in cash to my husband and his relatives as per the demand made by the in the in-laws at the time of marriage apart from the gold and diamond jewellery, so as to ensure better further prospects for my life. The marriage was registered on 31.3.2009 at the Registrar, Hindu Marriage at Ludhiana. After the marriage, I was taken to my matrimonial house at VPO Bhaini Sahib, Crl. Misc. No. M-7271 of 2011 (O&M) -4- Crl. Misc. No. M-27802 of 2011 (O&M) Distt. Ludhiana, Punjab and there we lived together at his parental house at VPO Bhaini Sahib, District Ludhiana, Punjab for nearly 2 months. The marriage was duly consummated and I got pregnant. It was decided before marriage that I will go with my husband to Canada after marriage and he will get all the documents arranged and process them from the Indian Embassy in India, but later on he started giving me excuses that the process of getting visa may take time as he need to submit certain papers which he can send only from Canada for sponsoring her and that he would have to go alone and he will send the papers from there. Moreover, he said that he had a job and he can't afford to take long leave from the job. When my family insisted that he take me right away, he promised me to arrange for my visa in a month and will send the papers required to me. My husband along with my sister-in-law Rashmi left for Canada on April 7, 2009. Initially, he used to call me up and kept on promising that he is arranging for the papers for the purpose of my visa to Canada. When my papers did not come and it was just getting lingered on, I called up my husband and asked him to expedite the processing as my mother-in-law was also planning to go back to Canada and can't live with the mother-in-law back at matrimonial home or with my parents for long as I am married now and should live with my husband. He explained the delay in getting the visa papers saying that he is finding it Crl. Misc. No. M-7271 of 2011 (O&M) -5- Crl. Misc. No. M-27802 of 2011 (O&M) hard show a balance of 2500 Canadian Dollars so as to assure the Canadian Citizen Govt. that he can take care of his wife. He demanded Rupees 10 lacs for arranging my papers for visa. It was a great shock to me as my family had already spent huge amount of money which was much beyond my father's capacity and my husband and my mother-in-law should have explained the facts to us while there were having talks about marriage before marriage. He was in India and moreover, as he is a Canadian citizen he should be well versed with the laws and system of Canada. I called up my father and apprised him of the demand made by husband and mother-in-law for arranging my sponsorship papers. In state of shock my parents rushed to meet my mother-in- law Sunita Rani at their home VPO Bhaini Sahib and requested how to take up the matter with her son but to my utter shock, even her attitude had totally changed and she was very rude to me and my family. She said that when you are marrying your girl to a NRI, you should be prepared for the expenses as it is your girl who is being taken to Canada and it is for the betterment of her future. She said that if you are not willing to pay, she can get another woman for her son and had enough proposals in hand and her son can easily obtain ex-parte divorce against your daughter in Canada. Fearing social stigma and with an intention of saving my marriage, my father pleaded with her not to take such a drastic step and Crl. Misc. No. M-7271 of 2011 (O&M) -6- Crl. Misc. No. M-27802 of 2011 (O&M) assured her that he will try to arrange as much as possible after much effort, my father was able to arrange Rupees Ten lacs by borrowing from friends and mortgaging the property. Due to pain, agony and mental harassment, I got ill and my mother-in-law gave me a certain medicines saying that she had procured those medicines from a lady doctor in the village. But after the consumption of those medicines I had a miscarriage and the pregnancy got terminated due to the wrong medicines given by my mother-in-law for the said miscarriage and killing of unborn child in my womb. My husband and in- laws are wholly and solely responsible and liable. After the miscarriage I got mentally disturbed and it has also caused agony/medicines she said that she did not want to have any burden on her family so she intentionally gave those medicines to me which was given only with the purpose of causing miscarriage and termination of my pregnancy. I discussed the said matter with my husband and told him that his mother had done such a big wrong deed but my husband instead threatened me and asked not to talk that issue any more. I told my husband that he is son of my family too and therefore, he should understand the limitation of my family and support them and not make my life miserable. I told him that my parents had arranged Rupees ten lacs and he became suddenly very sweet and caring. He again assured me that he will send my Visa papers within a fortnight of the Crl. Misc. No. M-7271 of 2011 (O&M) -7- Crl. Misc. No. M-27802 of 2011 (O&M) receipt of the money. He asked me to send the money to his mother Sunita Rani and brother-in-law Lakhbir at her residence who will arrange for the transfer of money to Canada. Next day, my parents went and sought assurance from my mother-in-law with folded hands. They gave her Rupees Ten lacs in cash for the expenses as asked by my husband and in-laws for my betterment in the married life. My mother-in-law asked me to go to my parent house saying that she would now talk to my husband and informed me accordingly and I returned to my parental house with my father. I kept on waiting for the papers from my husband and now my husband stopped calling me up and when I called him up he will either not receive my call or would hang up after saying that he is busy and will talk later. Sensing something wrong I tried to call up my mother-in-law but her phone was switched off and failing to get her on phone, finally after three days, I went to my matrimonial home with my father and Mamaji and to my utter shock, I was told by Lakhbir that my mother-in-law had left for Canada and he won't divulge the details to their departure to anyone. I almost fainted and my father immediately called up my husband in Canada but his phone was not reachable/after much effort, when we could get him on me to forget him. He boasted that he is a Canada citizen and Indian law does not have a jurisdiction in Canada. She can do him no harm and if I insisted and pursued it Crl. Misc. No. M-7271 of 2011 (O&M) -8- Crl. Misc. No. M-27802 of 2011 (O&M) anywhere, he will obtain ex parte divorce in Canada and everything is over as far as he is concerned. On 12th of July 2009, I went to my matrimonial home with my mother and told my brother-in-law Lakhbir that I will stay in my husband's house as I can't see the pain and agony of my parents back home as I am deserted my husband. He immediately got furious and threatened to kill me and dump my body in the backyard of my matrimonial home. He boasted high of his connections in police and the money power his family has. My mother got scared and requested him to leave her daughter. And faring for my life, I came back home with my mother and had nowhere to except for being a constant torture to my family. I am totally shattered and my life is in ruins, I have a right to reside in my matrimonial house situated at VPO Bhaini Sahib but my husband and my in laws have thrown me out of the matrimonial house and deserted me. At present, I am living with my helpless parents and having no means of subsistence and I am not able to maintain myself and for my bread and butter and other basic necessities of life. I am totally dependent on my family when my parents tried to exert some pressure on them through common elders in Gurudwara in Canada, we were told that this man is already a divorcee, having adopted the same modus operandi with another girl earlier and now, they are planning to get rid of me and his whole family is part of the racket, I again tried to get in Crl. Misc. No. M-7271 of 2011 (O&M) -9- Crl. Misc. No. M-27802 of 2011 (O&M) touch with him and requested him to save my marriage but he threatened to get me and my family killed." The allegations levelled against the petitioners are serious in nature. A perusal of the photographs placed on record along with reply in Criminal Miscellaneous No. 7271-M of 2011 by respondent No.2, reveal that petitioner Lakhvir Singh @ Lakhi cannot be termed as merely a driver/servant of petitioner Sunita Rani. Rather he has duly participated in the marriage ceremony and was given a gold ring and a gold chain etc. at the time of milni ceremony. Keeping in view the seriousness of offence alleged to have been committed by the petitioners, no ground to scuttle the criminal proceedings at the very threshold is made out.
Dismissed.
(SABINA) JUDGE October 16, 2012 Gurpreet