Deepak Massey and Another vs State of Haryana and Another

Sabina, J.—The petitioners have filed this petition u/s 482 of the Code of Criminal Procedure for quashing of FIR No. 233 dated 14.5.2009 under Sections 498A, 406 of the Indian Penal Code "IPC"-for short), Police Station City Gurgaon and all the consequential proceedings arising therefrom.

The petition qua petitioner No. 1 was dismissed as not pressed on 9.9.2009 and notice of motion was issued only qua petitioner No. 2.

The contents of the FIR (Annexure P-1) read is as under:

It is submitted that "I Nikita w/o Robin Massey, D/o Emmanuel James want to state that my marriage was solemnized on 28.11.2008 with Robin Massey as per Christian rites. From the first day of the marriage, my husband and in-laws started to harass me. They always used to take photographs and video recording of me. After marriage, my husband has never gone to his duty. On my asking he said that I have left the job. My in-laws were always taunting me when ever I used to take meal and trying to do any other work then they ill-treated me. As my mother-in-law used to say me that you will know how the parents of the girl are being harassed, as they beat, murder and even can burn the girl. And used to ask me whether there is any ancestral property is in your name. Your father has given all the house hold articles but TV is not given. Our factory is lying closed and no work is going on. So much money has been spent and now there is debt of Rs. 1,50,000/--Rs.2,00,000/-. Let you bring Rs. 2 lacs from your father, so that our factory may run. And in the presence of all the relatives it was said that an insane lady has been tied with us. Once I have been preparing food, I saw that the gas pipe was very old then said to my husband and father-in-law to change the same. Then in turn they started taunting me in the presence of the relative that this is an insane girl and remained attached with gas. Whole day and any incident may occur to her. My brother-in-law also used to taunt me that stop the meal to her and she will only eat that will be provided by us. Otherwise she will dropped at her home. Just after one month of my marriage on 6.1.2009 they forcibly brought me to some Hospital from the back door in order to check up of pimples. There leaving me alone, my husband discussed something with the Doctor for long time. Then the doctor asked me as to from when time these pimples are appearing on your face. I told that it is from 8th -10th class. Thereafter, doctor gave me same medicines and said that take it. Next day on 7.1.2008, they again bring me at hospital. Then I had read the board where it was written "Psychiatry and mentally specialist". Then I asked to my husband that why you have bring me here as this is mental specialist. Then my husband said that this doctor treat all type of diseases as father has also come for his heart disease. I have been surprised. Before I could speak any word the compounder pulled me by hand and get me inside has taken my blood through syringe and et me admitted and put me on glucose and also gave me 2-3 injection. And thereafter I felt abnormal. Thereafter I don''t know that what is happening with me. They used to give medicines to me in the state of my sub consciousness. Thereafter what has happened to me, I do not know. On 17th January, he told me that today you are discharged from the hospital. And at the time of leaving Doctor took a promise from me. That Nikita you will certainly take these medicines. In this way, my husband gave me tablets to be taken 12-13 in a day for 5 days. When I reached at home then my husband said that on 19.01.2009 we will go to home. And on reaching home I saw that my clothes were already packed in a box and I found that his articles were not there. After reached at home, I made a call and asked about him. Then he only told me that you should certainly take the medicines and he asked me to give the phone to my father and we will go to the court as your girl is insane. We have done video recording and have all evidences. It is requested that action be taken.

After hearing learned Counsel for the parties, I am of the opinion that the present petition deserves to be allowed.

In the case of State of Haryana and others Vs. Ch. Bhajan Lal and others, , the Apex Court has held as under:

The following categories of cases can be stated by way of illustration wherein the extraordinary power under Article 226 or the inherent powers u/s 482, Cr.P.C. Can be exercised by the High Court either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently chennelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised:

(1) Where the allegations made in the first information report or the complainant/respondent No. 2, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers u/s 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do no disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a Police Officer without an order of Magistrate as contemplated u/s 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

A perusal of the FIR reveals that no specific allegation has been levelled against petitioner No. 2. It appears that he has been involved in this case being younger brother of the husband of the complainant. In the complaint, it has been stated by the complainant that her brother-in-law used to taunt her that meals should not be given to her. However, there is no further averments that in pursuance to the said taunts given by her brother-in-law, she had been deprived of her meals.

In Kans Raj v. State of Punjab and Ors. 2000 (2) RCR (Criminal) 696 (SC), their Lordships of the Apex Court have observed that a tendency has developed for roping in all the relations in dowry cases and if it is not discouraged, it is likely to affect case of the prosecution even against the real culprits. The efforts for involving the other relations ultimately weaken the case of the prosecution even against the real accused.

Respondent No. 2 is the un-married younger brother of Robin Massey, husband of the complainant, and it appears that he has been involved in this case merely because of his relationship. In these circumstances, continuation of criminal proceedings against respondent No. 2 would be nothing but abuse of process of law.

Accordingly, this petition is allowed. FIR No. 233 dated 14.5.2009 under Sections 498A, 406 IPC, Police Station City Gurgaon and the consequential proceedings arising therefrom, qua petitioner No. 2 Robert Massey, are quashed.