Shri Prem Sagar Sawhney and Ors v. State (Nct of Delhi ) &Anr

V.K. JAIN,J JANUARY 07, 2010 'sn'

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1634/2009 % Pronounced on: January 7, 2010 # SHRI PREM SAGAR SAWHNEY AND ORS. ..... Petitioner ! Through: Ms. Nandni Sahni, Adv. versus $ STATE & ANR. ..... Respondents ! Through Mr.Akshay Bipin, Advocate. * CORAM: HON'BLE MR. JUSTICE V.K. JAIN 1. Whether the Reporters of local papers may be allowed to see the judgment? No 2. To be referred to the Reporter or not? No 3. Whether the judgment should be reported in the Digest? Yes : V.K. JAIN, J. (ORAL) 1. This is a petition seeking quashing of FIR No.211/99 lodged by respondent No.2 at Police Station Keshavpuram under Sections 498A/406/34 of IPC. Quashing of FIR has been sought on the grounds that (i) the husband of the complainant, who was the main accused, has since expired and (ii) the complainant has already stated before this Court that she has no grievance against other family members. 2. Respondent No.2, who is present in the Court, states that considering the conduct of the petitioners, she is not in a position to enter into a settlement with them. 3. It has been alleged in the FIR that the husband of the complainant, Shri Rajiv Sawhney, her mother-in-law Smt. Prem Sawhney, her brother-in-law Shri Rajiv Sawhney, her sister-in-law Smt. Poonam Page 2 Sawhney, her father-in-law Shri Prem Sagar Sawhney and her brother-in- law Shri Rajesh Sawhney, had been treating her with physical and mental cruelty so as to compel her to commit suicide and to cause injury and danger to her life, limb and health. It has been further alleged that the complainant has been harassed and coerced by the above named accused persons who demanded and took dowry, threatened to kill her, abused her, blackmailed her and misappropriated her entire istridhan including gold jewellery and cash which they refused to return despite demands. It was further alleged that the complainant was finally thrown out of the matrimonial home on 5.4.1999. The list of articles of istridhan claimed by the complainant from the accused persons was also annexed to the FIR lodged by her. The value of her istridhan is claimed to be Rs.13.84 lakhs. It was alleged in the FIR that the husband of the complainant, use to beat her on being instigated by accused No.2 to 6, as a result of which, she could spent only 9 to 10 months in the matrimonial home. It was alleged that accused No.5 Shri Prem Sagar Sawhney, father- in-law of the complainant, purchased a flat in August, 1996 and there was a demand of Rs.2 lakhs for purchase of that flat which resulted in a serious fight on 2.11.1996. 4. There are a number of specific allegations against the petitioners including that (i) on 28.8.1997, the husband of the complainant instigated by his father turned the complainant out of the house along with her infant; (ii) on 10.12.1997, she was beaten by her husband and brother-in- law Rajesh Sawhney; (iii) on 4.4.1999, the husband instigated by and in the presence of mother-in-law, brother-in-law Rajiv Sawhney, sister-in-law Page 3 Smt. Poonam Sawhney and father-in-law Shri Prem Sagar Sawhney threatened to consign the complainant in the tandoor and finish her off finally; (iv) on 5.4.1999, all the accused persons poured kerosene oil on the complainant and attempted to repeat the tandoor episode by burning her alive. At that time, Rajiv Sawhney caught hold of the arms and hands of the complainant whereas accused No.4 Poonam Sawhney was standing on the right side and was kicking the complainant with her full. Accused No.2 Prem Sawhney stood at the door blocking it and keeping a vigil on anybody coming, while accused No.5 Prem Sagar was eating grapes and witnessing the horrendous episode which was happening in his presence. When the complainant freed herself from the clutches of her husband and ran towards the lobby, accused Rajiv Sawhney pulled her back by catching hold of her hair. Accused Raju Sawhney and Poonam Sawhney also followed her and brought the complainant back to the room and