As per case facts, the complainant's daughter experienced prolonged marital cruelty, dowry demands, physical and mental harassment, and financial exploitation from her husband and his family since their marriage. The ...
CRM-M-16810-2023 (O&M) -1-
201
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-16810-2023 (O&M)
Date of Decision: 06.05.2025
Hukum Singh and others
....Petitioner(s)
Versus
State of Haryana and another
.....Respondent(s)
CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
Present: Mr. Shubham Aggarwal, Advocate, for the petitioners.
Mr. Surinder Kumar Dagar, DAG, Haryana.
Mr. Anshul Jindal, Advocate, for respondent No.3.
****
JASGURPREET SINGH PURI , J. (Oral)
1. The present petition has been filed under Section 482 of the Code
of Criminal Procedure for quashing of FIR No.504 dated 06.11.2022, under
Sections 323, 406, 498-A and 506 IPC, registered at Police Station Sector-5,
Panchkula, Haryana.
2. A true translated copy of the FIR which has been attached with
the present petition as Annexure P-1 is reproduced as under:-
“I am Law-abiding Senior Citizen, resident House
No.2644, Part 3, Sector 21, Panchkula, Haryana, My
Daughter namely Rekha is a victim of great mental and
physical atrocities at the hands of aforesaid persons and
as such all her dreams of leading married life have been
badly shattered from the date of marriage. The
matrimonial life of my daughter with the help of friends
and relatives but all goes in vain. Now, I have been left
CRM-M-16810-2023 (O&M) -2-
with no other alternative except to report the following
true facts and tragic circumstances sequence wise which
my daughter had undergone during her stay in her
matrimonial home, for your favorable consideration and
for taking appropriate and immediate action against the
aforesaid accused persons who are not only involved in
the commission of aforesaid offences, but have
intentionally ruined the life of my daughter with pains
and sobbings after taking the law in their own hands
without any fear from the society and law enforcement
agencies. I would like to request with fervent hope that
your good shelf shall to do the needful after persuing the
facts and circumstances mentioned here as after :-
1. That the marriage of my daughter was solemnized
with Joginder Pawaria on 16.02.2009 according to the
Hindu rites and ceremonies in the presence of their near
relatives and other friends and the marriage function was
held at Sun Park Hotel, Zirakpur, Punjab. All the
arrangements of marriage were arranged by me, as per
the wishes of In-laws family of my daughter. It is
pertinent to mention here that before the Marriage
ceremony, the Engagement ceremony was also
solemnized in June 2008 at Hotel Shiraj, Sector 10,
Panchkula.
2. That after the marriage, my daughter and her
husband i.e accused No.1 started residing together as
husband and wife at the above- mentioned address of
Panchkula.
3. That I was working as Government servant in the
Harayana State Cooperative Apex bank Itd and spent
more than 25 lacs in the marriage and the marriage was
solemnized with the great pump and show. As per the
demand of the accused lot of gifts were given to the
CRM-M-16810-2023 (O&M) -3-
accused and his family members which includes Rs
81000/-as shagun gold ring and Gold chain given to
accused no 1, gold ring to Mother-in-law i.e accused no
3, gold ear rings to sister-in-law i.e accused no 4, gold
ear rings to sister-in-law i.e is Sudesh. Entire family was
gifted other articles and clothes as well as in the milni as
per their demand. The list of Articles/Gold Ornaments
gifted by me to the accused persons is enclosed herewith
for your kind perusal. The entire gold ornaments as well
as belongings are still in the possession of her in-laws.
4. That after the marriage on the very first day, when
the doli of my daughter reached to her matrimonial
home,her mother-in-law i.e accused no 3 told her to
handover all the gold jewllery to her and when my
daughter showed her reluctance to the same then the
mother-in-law started crying and started cursing for not
gifting Car in the marriage and taunted my daughter that
she was expecting her DOLl in dire car and created
scene on the occasion. The sister-in-law of my daughter
also taunted for not bringing sufficient dowry as per their
expectation.
Thereafter on the instructions of Husband i.e the accused
no 1, my daughter handed over all the Gold jewllery to
her Mother-in-law. My daughter was not properly
welcomed by her in-laws family.
5. That at first night she found that her bedroom was
not even arranged what to talk of decoration as is
expected by a newly wedded bride. Everything in the
room was scattered all over and she had to
arrange/clean her room on her own. All this was
shocking for her.
6. That is the worthy to mention here that the
Accused no. 1 went back to his workplace located in
CRM-M-16810-2023 (O&M) -4-
Gurugram on the very next day of the marriage and did
not return back to home for next 2 months. The accused
no. 1 even not used to talk with my daughter on phone
call and he always ignored my daughter. Whenever my
daughter called him, he disconnect the calls. Whenever
he came to Panchkula, he always ignored to spent time
with his legally wedded wife i.e my daughter and used to
sleep with his mother in another room or terrace. That
many a times accused no.1 used to lock my daughter in
another room. The accused no.1 used to go to trips with
his friends at different places but whenever my daughter
asked him for trip, he used to say "MERE PASS TERE
LIYE KOI FALTU PAISE NAHI HAIN"
7. That the accused persons started demanding
various kinds of gifts from my daughter on various
occasions and festivals, whenever my daughter used to
buy some gifts, the mother-in-law i.e accused no 3 used
to taunt her "SARA GHATIYA SAMANUTHALATI
HAI".
8. That initially my daughter tried her level to make
her husband i.e accused no.1 understands but accused
no.1 was totally under his family control. The accused
no.1 has no free will of his own and used to act under the
influence of his family members. The family of accused
always treated my daughter like servant and they always
make fun of my daughter in front of their Relatives and
friends.
9. That in December 2009, with the permission of her
in laws family my daughter applied for an internal job
posting i.e "Senior Quality Analyst" in Tech Mahindra
where she was already working, with the hope of living
together as husband and wife. On 15/02/2010 she got
selected for above mentioned job in Tech Mahindra
CRM-M-16810-2023 (O&M) -5-
Company at NOIDA office. On 15/02/2010 my daughter
decorated the room just to surprise her husband i.e
accused no. 1 as 16/02/2010 was their first wedding
anniversary and also she got selected for the job. But
when my daughter told him about her selection for job,
he shouted at her and slapped her and hit her head on
wall and dragged her to washroom and hit her head on
taps and strictly warned her that don't dare to think of
leaving this house and specifically When the family
member of the accused asked for the reason of crying and
screams, accused no.1 explained them the reason and
thereafter they all left the room and left alone my
daughter for crying. After some time, the accused no.1
also agreed for the joining of the job of my daughter.
10. In the month of March, 2010 my daughter joined
the job at Noida and live in Noida and the accused no.1
used to do job in Gurugram and live in Gurugram only.
On 01/04/2010 my daughter went to accused no.1
resident in Gurugram to wish him birthday with the
flowers and gifts, but the accused no.1, instead of feeling
happy he shouted at her with very abusive words for
visiting his resident without his permission and
specifically said "JAHAN SE AAYI HAI WAHIN
WAPAS CHALI JA, MERE SE PUCHE BINA YAHAN
WAPAS NAHI ANA"
11. That in the month of June 2010 when my daughter
asked him to stay together at Delhi as it will be
convenient for both of them to go to their office but the
accused no.1 didn't show any interest in living together.
Later on June it comes to the knowledge of my daughter
from her mother in law i.e. Accused no. 3 that the
accused no. 1 is only living in Panchkula and already
resigned the job at gurugram. It was shocking for my
CRM-M-16810-2023 (O&M) -6-
daughter. Therefore again with the hope of living
together my daughter also applied for her transfer to
Chandigarh and got transferred after 4 months, therefore
accused no. 1 joined another job in Panchkula and
preferred night shift duty. The accussed no. 1 always
ignored my daughter and run far- away from
responsibilities. The accused no 1 also used to keep a
picture of a girl on his mobile swallpaper, upon asking
he told her that he only loved this girl and will love her
till his last breath. It was shocking for my daughter.
12. That my daughter always tried her best to make
her matrimonial family happy and always do every sort
of household but despite driving jobs for accused no. 1
but as the accused no. 1 is habitual of quitting jobs. He
did'nt show any interest in any of his jobs and said "I
CAN ONLY DO SITTING JOB, YE DRIVING WALI
JOB MUJHE NAHI KARNI". Therefore in the month of
November 2019 my daughter started doing job in a
restaurant in Australia, before joining the job,my son
bears all the expenses of my daughter and her husband
i.e. accused no.1. Even all the grocery, utility bills, rent
etc were paid by son namely Amit.
13. When my daughter complained about the behavior
of mother in law to her husband i.e accused no.1 he told
my daughter that he had given his consent for marriage
just because his parents were expecting hefty dowry from
her father as he is working in government department
and is having properties in Panchkula. The accused no.1
also taunted that the ring and the chain which is gifted to
him are of lesser weight and of inferior quality. Her
mother in law also taunted that "GALAT RISHTA LE
LIYA HMNE DAJ TOH KUCH VI NAHI DIYA ISKI
MAA NE AUR NAA HI CAR DI SHADI ME "
CRM-M-16810-2023 (O&M) -7-
14. That the accused no.1 kept the ATM card of my
daughter with himself because of dominating nature and
use to spend her hard earned money on trips, tabaco
products and on gifts to her sisters and children.
Whenever my daughter asked the accused no.1 about the
spending. The accused no.1 used to beat her and
specifically said "TU KAUN HOTI HAI MERE SE
PAISE KA HISAB MANGNE VALI " the tortuous act of
accused no.1 and his family members were increasing
day to day and due to that my daughter had gone in
mental trauma and under depression even she has visited
psychiatrist located in sector 12 panchkula, then the
mother in law accused no. 3 made fun of my daughter's
condition and started taunting my daughter by saying
"MERI DAUGHTER WIDOW HAI USE TOH AAJ
TAK DEPRESSION NHI HUA TU YAHAN FREE ME
REHTI HAI, FREE KA KHATI HAI TUJHE KON SA
DEPRESSION HO GYA."
15. That the accused no.1 is of careless nature.
Whenever he gets bored from job, he always left the job
and sit idle at home only and the day-to-day expenses
shifted upon my daughter.she was appeled to do 2/3 jobs
a day for day-to day expenses and sometimes she was
depended upon me for her own expenses. The accused
no.1 never stick to one job, he keeps changing his jobs
and sometimes sits jobless at home.
16. That the accused no.1 having a habbit of smoking.
He used to spend a lot of money from the account of my
daughter on purchasing tobacco products instead of
asking care of day-to- day expenses. One day my
daughter found one box of black material looks like
Narcotics substance when my daughter asked about the
CRM-M-16810-2023 (O&M) -8-
same the accused no.1 gave her blow on her face and
told her to stay away from the matter.
17. That my daughter was forced to do every sort of
house hold work for the entire family But the family of
accused persons never accepted her as a daughter.
Moreover there was lots of interference of the elder sister
of accused no.1, namely Promila Malik i.e accused no.4
in the married life of my daughter. The sister-in-law
namely Promila Malik always provokes the accused no.1
to cause harm to my daughter physically as well as
mentally. It is worthy to mention here that sister-in-law
has a dominating attitude and has a habbit of interfere in
everyone's life unnecessarily. Whenever the sister in law
namely Promila Malik used to stay in their matrimonial
home, she always taunting her on the one pretext or the
other by saying "AALO GOL NAHI KAATE HAI",
"TAMATAR KA CHHILKA NAHI UTRA HAI" AND
"SABZI TASTELESS BANI HAI" etc.
18. That in the last months of 2012, the accused no.1
told my daughter that he undergone testicles operation
and told her about medical problem that his sperm count
is nil and can't produce a baby. It was shocking for my
daughter as getting a baby will heal her condition but
unfortunately hope goes wrong and the mother-in-law of
my daughter requested my daughter to don't told
anything about it and specifically said "HAMARI
BESSTI HOJAYGI SAMAJ MEIN"
19. That in the month of December 2012, I gave
financial help to my daughter for purchasing of a plot at
GHOLUMAJRA (Derabassi),so as to save her from daily
taunts of her in laws. But even then, the accused persons
create an issue that why the plot was not purchased in
the name of accused no.1
CRM-M-16810-2023 (O&M) -9-
20. That after that the mother in law i.e Accused No.3
requested my daughter to adopt for Insemination
Procedures, my daughter objected the same as it is very
painful treatment, thereafter the accused family started
pressurizing and emotional blackmailing my daughter to
adopt this procedure. After sometime, under the emotions
my daughter agreed to adopt this procedure and
thereafter in the month pf July 2016 the accused no.3
took my daughter to Neelkanth Hospital Gurugram, and
got my daughter pregnant through "DONOR SPERM" By
Doctor Rubeina. But due to some medical reason's the
baby's heartbeat was stopped after 3 months, my
daughter had gone through mental trauma and
depression at that time.
21. That in the month of December 2017, under the
pressure of in law's family, my daughter again went
through artificial pregnancy through "DONOR SPERM"
From IRCC, Sector 17, Panchkula by Dr Kamla
Chaudhary and gone through very painful procedure.
Thereafter the accused family came to know that DNA of
the chil will not match with the father i.e accused no. 1.
Then the accused persons pressurize my daughter to
abort the child and pressurize my daughter to adopt the
child of sister-in-law i.e Promila Malik i.e Accused No.4.
But my daughter objected the same and the physical as
well as mental cruelties of accused persons increased day
by day. My daughter didn't get any support from accused
no.1 and his family members. Daughter requested the
accused no.3, that she (my daughter) want to quit one job
as it is difficult for my daughter to do 2/3 jobs and
household work together. But her mother-in-law i.e
accused no.3 taunted her by saying "WO (ACCUSED
NO.1) TO KUCH KARTA NAHI, TU BHI JOB
CHHOD DE, TUM KUCH KAR KE BHI KHAOGE YA
CRM-M-16810-2023 (O&M) -10-
NAHI, KAREENA KAPOOR KO DEKHLE, VO TO
PURA TIME KAM KARTI HAI, BAS INDIA ME
LOGON KO BAHANE CHAHIYE NAUKRI
CHHODNE KA" And my daughter was not allowed to
quit jobs.
22. That the mother-in law i.e accused no.3 started
forcing my daughter to do household chores like Floor
wiping and cleaning of toilets by saying that these are
good exercises in pregnancies, sometimes my daughter
applied VOLINI (Pain relief medicine) on her Back due
to backache. Her mother-in- law used to taunt her
"VOLINI LAGA KAR KYA DIKHANA CHAH RAHI
HAI, SARE GHAR MEIN SMELL KAR RAKHI HAI,
MAR JA KAHIN JA KAR, KAL KI MARTI AJ MAR,
HUME KOI FARAL NAHI PADTA" During her
pregnancy the doctor advice my daughter to have special
diet including fruits and nuts which are beneficial for the
child in the womb but her husband and mother-in-law
never bought any fruits for her in the house.
23. That during the pregnancy, the accused persons
never accompany my daughter to visit to tests, medical
checkups etc, even till the gth month she alone visited
hospital and went to market for buying her medicines,
daily usable items. She was mentally as well as
physically harassed by the accused no. 1 and by his
family.
24. That on 12.09.2018 my daughter was blessed with
baby boy in IRCC Hospital, sector 17, panchkula but
after 3 days my daughter lost her baby again,my
daughter went in depression, mental trauma and broken
emotionally, but the accused person was happy enough to
enjoying pizza and cold drinks. During this difficult time
my daughter was getting anxiety and panic attacks, but
CRM-M-16810-2023 (O&M) -11-
no one was bother about her condition.
25. That in the month of October 2018, my daughter
again started a job because her mother in law taunted
her by saying "VO TO KUCH KARTA NAHI, TU BHI
GHAR BAITH GAYI, GHAR KA KHARCHA NHI HAI
KYA, TERA BHI KHARCHA HAI KHANE KA,
PEENE KA"
26. That the mother in law i.e accused no. 3 and sister
in law i.e. accused no. 4 are having excessive
interference in her in in- law's family and after my
daughters marriage her sister in law use to compel her to
do all household chores. During her stay at her in-laws
her sister used to stay for 3-4 days once in the fortnight
and treat her like servant. Her mother in law and sister
in law specifically told her that in case she wants to live
in their house then she had to all things as per the wish of
the family.
27. That in the month of February, 2019 my daughter
even paid for dubai trip for accused no. 1 and also paid
him for shopping also. The accused no. 1 and also paid
him for shopping also. The accused gone to dubai alone
and tried to convert his visa to stay there permanent but
his visa did'nt get converted and he came back after one
month.
28. That thereafter the accused no 1 and 2 started
forcing my daughter to settle down the accused no. lin
Australia as my son namely AMIT (brother of Rekha) was
already living in Australia. For the betterment of his
matrimonial life and her own mental health my daughter
agreed for the same. My daughter went to Australian
tourist visa on 04.06.2019 to her brother Amit on the
wishes of her in-laws she then applied for student visa in
Australia and got her student visa on 09-09- 2019,
CRM-M-16810-2023 (O&M) -12-
thereafter, she calledher husband i.e accused no. 1, Even
all the grocery, utility bills rent etc. were paid by my son
namely Amit.
29. That in the month of march 2020 my son Amit
arranged separated accommodation for himself and
transferred the home lease in the name of my daughter
(Rekha), even then my daughter had to bear all the
expenses of household items, groceries, bills and rent etc.
whenever the brother Amit and sister manju came to their
house to meet my daughter the accused no. 1 always
misbehave with them and always created scene just to
lower the image of my daughter in front of her brother
and sister. The accused no. 1 taunted many times by
saying "TU YAHAN LOGON KI KHATIRDARI
KARNE AAYI HAI, YA PAISA KAMANE AAYI HAI "
30. That in the month of august 2020 the accused no.1
left my daughter in Australia all alone and moved back to
India silently, and took all the medical certificates,
medical records, and other documents of my daughter
intentionally due to that the mental health of my daughter
become worse in Australia. In month of October 2020 my
daughter got treatment from psychologist namely Dr.
Shireen das (Australia) just to keep herself healthy. The
medical report is attached here with this complaint.
31. That there after I tried to mellow down the
situation many times with folded hands and requested
them to solve the matter and saving the marriage life of
my daughter but the accused person were not in any
mood to change their adamant behavior. The accused
no. 2 (father of joginder pawaria) contact them.
32. That in the month of October 2020 the accused
no.1 intentionally filed a divorce case so as to create a
defence in his favor whenever a police case is filled
CRM-M-16810-2023 (O&M) -13-
against the accused persons. The case of divorce is
pending in the Hon'ble court of Panchkula, Haryana.
33. That it is worthy to mention her that gold
ornaments as well as the belongings are still in the
possession of accused persons. The original academic
certificates, original medical records, ATM's Passbooks
and cheque books of my daughter are also lying in the
custody of accused person and gas connection is also
running in the name of my daughter and the family of
accused is still using the same. It is worthy mention here
that registry of plot (Gholumajra, Derrabassi) which is in
the name of my daughter is lying in the custody of
accused person. The LIC of my son namely Amit is also
in custody of accused person. The accused along with his
family threaten me and my daughter that they will sell the
plot by their own or they will take loan on that plot. The
accused person also threatened me that they will misuse
the documents and accused no. 2 specifically threatened
me "TUJHE AUR TERI LADKI KO MAI BAD ME
DEKH LUNGA, AANE DE USE INDIA ME, BAHUT
LINK HAI HAMARE, KHA GAYAB KARWA DUNGA
KISI KO PATA BHI NAHI LAGEGA"
34. That all the accused persons made the life of my
daughter hell in matrimonial home, she was subjected to
highest level of cruelty by the aforesaid accused persons
both physically as well mentally. The aforesaid person
have ruined her life completely. The accused no. 1 i.e
husband of my daughter has no value for sacred relation
and he is just puppet who used to act as per the
guidelines of his family members.
35. That the acts and conducts of all the accused
persons are inhumane and can't be condoned at all. My
daughter has been harassed, maltreated, tortured by the
CRM-M-16810-2023 (O&M) -14-
accused persons on account of their unjust repeated
demands of dowry and to coerce the complainant to
convince her parents to fulfill their demands and on her
failure to oblige them in meeting their demands, they
tortured her both mentally and physically, constitutes
highest degree of cruelty and they have committed the
offence punishable under the law.
Under these circumstances, I humbly request your
good self to kindly take strict action against the above
said accused persons at the earliest and to save my
daughter, my family and property from them they be
proceeded against for the offences committed by them
and a case/FIR may also be registered against the above
said cruel persons. I am ready and willing to provide
other oral and documentary evidence, if required in the
investigation. Thanking you in anticipation. Yours
faithfully Ranbir Singh Deshwal.”
3. Learned counsel appearing on behalf of the petitioners
submitted that the present FIR is liable to be quashed in view of the grounds
taken in the petition and also the ground that the marriage between the
parties has already been dissolved and thereafter, the complainant has lodged
the present FIR.
4. On a query being raised to the learned counsel for the
petitioners as to why the victim/wife has not been impleaded as a party as all
the allegations as per the FIR are pertaining to his wife, although the FIR
was lodged by her father and not by the wife, to which he could not give any
satisfactory reply/reason for not impleading the wife as a party.
5. After hearing the learned counsel for the parties, this Court is of
the considered view that whenever a petition for quashing of the FIR is to be
CRM-M-16810-2023 (O&M) -15-
filed wherein the victim is not impleaded as a party, although the author of
the FIR who is the complainant is impleaded as a party, the petition is not
maintainable. No reason has come from the counsel for the petitioners as to
why the victim has not been impleaded as a party except that she is not
residing in India and is residing abroad.
6. This Court is of the considered view that the present petition is
liable to be dismissed on the ground of non-joinder of necessary party.
7. Consequently, the present petition is dismissed.
06.05.2025 (JASGURPREET SINGH PURI)
rakesh JUDGE
Whether speaking : Yes/No
Whether reportable : Yes/No
Legal Notes
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