The Himachal Pradesh High Court dismissed a petition, filed to quash the FIR registered against the petitioners for the offenses punishable under Sections 498-A and 506 of IPC. The Court observed that the delay has been properly explained in the present case. The informant specifically stated that efforts were being made to reconcile the dispute.
Brief Facts:
Informant/ Respondent No. 2 was married to the petitioner Vikas on 25.10.2011 as per Hindu rites and customs. Bindra Devi, the informant’s mother-in-law, started torturing her for bringing insufficient dowry. ₹39,000/- were gifted to the informant at the time of the marriage, however, these were snatched from her. Bindra Devi, Hukam Chand, Harish Kumar, and Tara Devi threatened the informant and said that in case something happened to Vikas, they would implicate the informant and her parents. The mother of Vikas called the informant and told her that she was not keeping her husband properly. She went to her matrimonial home with her parents. The matter was discussed with Hukam Chand. Vikas stated that he was incapable of maintaining physical relations and in case the informant would defame him and his family members he would implicate the informant and her parents. The police registered the F.I.R. and conducted the investigation
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the petitioners are innocent and they were falsely implicated. The dispute between the parties relates to the lack of physical relations between petitioner no.1 and respondent no.2. The other petitioners were falsely implicated, as no specific allegations were made against them.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the charge sheet has been presented against the petitioners before the competent Court of law. Now, the trial is in progress and the matter is fixed for examination of prosecution witnesses. This Court is not to weigh the evidence at this stage. The contents of the F.I.R. clearly show that the petitioners threatened the victim when she complained about the lack of physical relationship between her and her husband.
Observations of the Court:
The Court noted that it was submitted that there was an inordinate delay in reporting the matter to the police, which is fatal to the prosecution case.
The Court observed that this submission is not acceptable. A delay in reporting the matter cannot be a ground to quash the FIR. The Court said that the delay has been properly explained in the present case. The informant specifically stated that efforts were being made to reconcile the dispute. Petitioner No. 1 had threatened her to commit suicide and falsely implicate the informant and her parents. She was afraid; therefore, she could not report the matter to the police. Further, the Court remarked that Section 498-A of IPC defines cruelty as wilful conduct, which is likely to cause grave injury or danger to life, limb, or health (mental or physical of the women). Therefore, the cruelty need not be physical and will include mental cruelty as well.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that there is no material to exercise the extraordinary jurisdiction under Section 482 of CrPC in the present case.
Case Title: Vikas & Ors. v State of Himachal Pradesh & Anr.
Coram: Hon’ble Justice Rakesh Kainthla
Case no.: Cr. MMO No. 416 of 2023
Advocate for the Petitioner: Mr. Narender Guleria
Advocate for the Respondents: Mr. Prashant Sen
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