Delhi High Court
Md. Hasnain & Ors vs The State & Anr on 23 September, 2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 23rd September , 2016
+ CRL.M.C. 2039/2016
MD. HASNAIN & ORS
..... Petitioner
Represented by: Mr. Ashok Kumar Sharma,
Adv.
versus
THE STATE & ANR
..... Respondent
Represented by: Ms. Meenakshi Chauhan, APP
with SI Dinesh Kumar PS
Jamia Nagar.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. Service report qua notice to respondent No.2 is awaited. However, as
per the affidavit of service filed with the tracking report notice has been
delivered to respondent No.2. None is present on behalf of the respondent
No.2.
2. The allegations of the complainant in the FIR are:
"Sir, it is humbly submitted that I, Shama Shams, was living
with my husband at F-217, Shaheen Bagh Abulfajal Enclave
Part II. We both had court marriage at Delhi one year back on
09.05.2014 and we both lived here peacefully. Then suddenly
my husband went for his job that day was 16.02.2015. Just then
my mother-in-law, father-in-law and the cousin brother of my
husband whose name is Mumtaz all three came in Bolero to
Delhi from Bihar and sent a boy to my husband's workplace for
calling my husband with a message that, "your father's
condition is very serious and he has come to Max Hospital,
come along and get returned after seeing him". When my
husband went, they just then made my husband sit in the vehicle
and all these people went to Bihar leaving behind me all alone
at Delhi. Then I alone went to my in-laws in Bihar, my in-laws
did not allow me to enter into the house nor did allow me to talk
and meet to my husband. I waited since 16.02.2015 thinking
that my in-laws would accept me and my husband would come
back to me. But nothing such happened. My in-laws are not
allowing me to meet my husband. They left me alone in the
tenanted house at Delhi. Now I am not able to pay the rent.
That is why I am living with my mother as I have not source of
income. Therefore it is requested Sir that legal action may be
taken against in-laws."
3. A perusal of the FIR would reveal that the only allegation against the
petitioners is that she was not permitted to enter into the matrimonial home.
The said allegation simplicitor is not a harassment as defined under Section
498A IPC which provides as under:
"498A. Husband or relative of husband of a woman subjecting
her to cruelty.--Whoever, being the husband or the relative of
the husband of a woman, subjects such woman to cruelty shall
be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine. Explanation.--For
the purpose of this section, "cruelty" means--
(a) any wilful conduct which is of such a nature as is likely to
drive the woman to commit suicide or to cause grave injury or
danger to life, limb or health (whether mental or physical) of
the woman; or
(b) harassment of the woman where such harassment is with
a view to coercing her or any person related to her to meet any
unlawful demand for any property or valuable security or is on
account of failure by her or any person related to her to meet
such demand."
4. To attract ingredients of Section 498A mental or physical harassment/
trauma caused to the complainant should be of a nature which drives her to
commit suicide or cause grave injury or danger to life, limb or health and is
an aggravated form of harassment. A standalone act of not permitting the
complainant to enter the matrimonial home is not an aggravated harassment
of the kind which would drive her to commit suicide or cause danger to life,
limb or health and would not attract the provision of Section 498A.
5. Allowing the petition FIR No.1328/2015 under Section 498A IPC
registered at PS Jamia Nagar and the proceedings pursuant thereto are hereby
quashed.
6. Petition is disposed of. Order dasti.
(MUKTA GUPTA)
JUDGE
SEPTEMBER 23, 2016
'ga'
