P&H High Court Refuses To Quash Cruelty FIR, Says Allegations Against Mother-In-Law Who Died 23 Yrs Ago Appear To Be Typographical Error
The Punjab & Haryana High Court has dismissed a plea seeking quashing of a cruelty FIR observing that the alleged reference to a deceased mother-in-law in the complaint appeared to be a typographical error and could not, by itself, justify quashing of criminal proceedings.
In FIR it was alleged that the mother in law of the complainant who had already passed away 23 years ago used to harass her for dowry.
Justice Alok Jain noted, "The word “Saas” (mother-in-law) has been used only at one place in the entire FIR. The complainant in the starting of the complaint has not arrayed the mother-in-law anywhere. Apart from that there is not even a single averment has been made against the mother-in-law, as apparently, the same seems to be a typographical error or an oversight."
The Court added that the FIR has to be read in totality and there are disputed question of facts which need to be addressed after going through the evidence.
The FIR was registered under FIR Sections 323, 498-A, 506, 509 and 34 IPC.
Counsel for the petitioners Mohd Uzair argued that the FIR was false and concocted, as it alleged that the complainant was taunted by her mother-in-law for not fulfilling dowry demands, whereas the complainant's mother-in-law had died 23 years ago.
It was further contended that petitioners No. 3 and 4, who were residents of Delhi, did not reside in the shared household and were falsely implicated. The petitioners also submitted that although the challan had been presented, it was not placed on record.
Holding that no ground was made out for exercising its inherent jurisdiction to quash the FIR, the High Court dismissed the petition, leaving the parties to agitate their claims during trial.
Mohd. Uzair, Advocate for the petitioners.
Ms. Swati Batra, Senior DAG, Haryana.
Title: Mohd. Arif and others v. State of Haryana and another