Crl.Misc.not M- 23041 of 2012 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.not M- 23041 of 2012 (O&M) Date of decision:
22. 1.2013 Lt.Col.Jagdish Pal Singh Bindra (retd.) ......Petitioner Versus Harvinder Kaur .......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: R.S.Randhawa, Advocate, for the petitioner.
Ms.G.K.Mann, Advocate, for the respondent.
**** SABINA, J.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.for short) for quashing of criminal complaint No.33 dated 19.5.2012 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Annexure P-1) and all the subsequent proceedings arising therefrom.
The case of the complainant, as per the complaint (Annexure P-1).in brief, is that she was married to the petitioner on 25.5.1986.
They were blessed with two children out of the said wedlock.
At the time of marriage of the parties, petitioner was serving with the Indian Army and was posted at Jhansi.
Parents of respondent Harvinder Kaur had spent about ` 6,00,000/- at the time Crl.Misc.not M- 23041 of 2012 (O&M) 2 of her marriage.
Petitioner Jagdish Pal Singh Bindra was not satisfied with the dowry given at the time of his marriage and harassed the respondent on this account.
Petitioner maltreated the respondent and asked her to bring more dowry from her parents.
In the year 1986 on the festival of Diwali, parents of the respondent had sent ` 10,000/- to the petitioner.
However, petitioner was not happy with the said amount as he was expecting ` 51,000/- on the said occasion.
Petitioner wanted to purchase a car.
Respondent was maltreated by the petitioner for this reason.
Father of respondent had sent a draft to the tune of ` 42,000/- to the petitioner on 16.11.1986.
Despite the said fact, petitioner continued harassing the respondent.
On 13.4.1990 when the family members of the respondent approached the petitioner and requested him not to maltreat her on account of demand of dowry or otherwise, the petitioner misbehaved with the father of the respondent and other persons.
The matter was reported to the Station Commander.
Petitioner apologized before the said officer.
Petitioner again apologized on 13.4.1991.
However, petitioner continued maltreating the respondent.
On one occasion, respondent was given beatings by the petitioner and she escaped to the house of Major Ojha and informed him qua the occurrence.
Major Ojha informed other officials about the occurrence.
A month later, petitioner again gave beatings to the respondent and the matter was informed to other officers of the Unit.
The Commanding Officer of the Unit told the petitioner to behave himself.
On 15.1.1993 at about 8.30 A.M., respondent was given beatings by the petitioner and he threatened to kill her.
The Crl.Misc.not M- 23041 of 2012 (O&M) 3 matter was informed by the respondent to Col.Jagjit Singh.
In the year 1994, petitioner was posted at Shivsagar, Arunachal Pradesh and remained posted there till 1996.
Respondent along with her minot daughters stayed at Pathankot.
Whenever, petitioner visited them at Pathankot, he used to harass the respondent and humiliate her.
On 13.10.1996, respondent was given severe beatings by the petitioner and was thrown out of the matrimonial home.
However, with the intervention of senior Army officeRs.respondent again started living with the petitioner but the petitioner failed to mend his ways.
On 12.11.1996, respondent was again given severe beatings by the petitioner and the matter was again reported to his superior officeRs.On 15.6.2003, petitioner again picked up a quarrel with the respondent with regard to the articles brought by her from America.
The said articles had been given by the brother of the respondent, who was living in America.
Petitioner had threatened to kill the respondent and her daughteRs.A complaint was filed in this regard at police station Defence Colony, New Delhi on 15.6.2003.
On 2.6.2003, petitioner again quarreled with the respondent and gave beatings to her.
Due to this reason, respondent suffered a fracture and remained hospitalised in AIIMS hospital, New Delhi.
FIR was got registered against the petitioner.
On 5.8.2003, petitioner again assaulted the respondent and her daughters and FIR No.369 dated 5.8.2003 under Section 325 of the Indian Penal Code, 1860 was registered at police Station Defence Colony, New Delhi.
An application was moved by the respondent under Section 125 Cr.P.C.Vide order dated 5.12.2011, interim maintenance was allowed to the Crl.Misc.not M- 23041 of 2012 (O&M) 4 respondent.
On 6.6.2011 petitioner gave beatings to his daughters and for this reason, a written complaint was made to the Station House Officer, Police Station Defence Colony, New Delhi.
After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed.
It appears that there is lot of litigation pending between the parties.
Since serious allegations have been levelled by the respondent against the petitioner, the ends of justice do not require that the criminal proceedings be scuttled at the very threshold.
Petitioner would be at liberty to take up all the pleas available to him during trial.
No ground for interference by this Court is made out.
Dismissed.
(SABINA) JUDGE January 22, 2013 anita