Jammu & Kashmir High Court
Sumesh Chadha vs Ut Of J&K And Anr on 13 March, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on: 19.02.2025
Pronounced on: 13.03.2025
CRM(M) No. 489/2024 (O&M)
Sumesh Chadha .....Appellant(s)/Petitioner(s)
Through: Mr. Sachin Gupta, Advocate
Ms. Arsha Sharma, Advocate
vs
UT of J&K and Anr. ..... Respondent(s)
Through: Mr. Pawan Dev Singh, Dy. AG for R-1.
Mr. Pranav Kohli, Sr. Advocate with
Ms. Radhika Wahi, Advocate for R-2
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
1. It is stated that the petitioner is a resident of Ludhiana and happens to be
the maternal uncle of the husband (residing in United Kingdom) of
respondent No. 2. The marriage between Kunwar Sood and respondent
No. 2 was solemnized in the month November 2019. For one reason or
the other, the marriage between respondent No. 2 and her husband failed.
In order to settle the dispute between respondent No. 2 and her husband,
the petitioner participated in the reconciliation meeting that took place in
the month of July 2023 in U.K. He claims to have tried to persuade the
couple to live together but after failure of the reconciliation, the couple
opted to part their ways. The husband of respondent No. 2 filed a divorce
petition before HM Courts and Tribunal Services, Harlow. After the
response was filed by respondent No. 2 to the divorce petition, the Court
at Harlow passed a conditional order dated 15.01.2024 declaring
2 CRM(M) No. 489/2024
marriage between the parties broken down irretrievably. Thereafter, the
final order in respect of the divorce between the couple was passed. It is
urged by the petitioner that respondent No. 2 participated in the whole
proceedings before the Court at Harlow and she did not make any
complaint with regard to the conduct of the petitioner, his sister, brother-
in-law or nephew and the divorce proceedings culminated in the divorce
smoothly.
2. It is contended by the petitioner that the respondent No. 2 has got the
FIR No.0112/2024 dated 06.06.2024 registered with Police Station,
Gandhi Nagar, Jammu under Sections 498-A and 420 IPC against the
petitioner concealing the factum of divorce from respondent No. 1 and a
bare perusal of the complaint would reveal that if the allegations leveled
in the complaint are taken at their face value and accepted in their
entirety, no prudent person can arrive at the conclusion that any offence
is made out against the petitioner. It has also been urged that the Hon’ble
Apex Court has time and again reiterated that the close relatives of the
husband are often implicated without any rhyme or reason, and this case
is a classic example of what the Hon’ble Apex Court is observing time
and again.
3. Respondent No. 2 has filed the response, stating therein that during
subsistence of the marriage between the respondent No. 2 and her
husband and while the respondent No.2 was living with her in-laws, she
was subjected to torture, cruelty and harassment continuously by the
accused persons. There are many instances when the petitioner had
directly provoked the in-laws of the respondent No. 2 being the maternal
3 CRM(M) No. 489/2024
uncle of her husband, which resulted in the acts of cruelty, humiliation,
dowry demands, besides other acts on the parts of the petitioner, her
husband and in-laws conjointly. One such incident is in respect of illegal
withholding and retention of jewelry/stridhan belonging to respondent
No. 2, which at the behest of the petitioner was denied. It was only due
to the consistent persuasion by respondent No. 2 and her family
members that the accused persons including the petitioner, agreed to
return the gold and diamond ornaments of the respondent No. 2 but
continues to be retained by them. The conspiracy hatched by her in-laws,
husband and petitioner is self-explanatory and a triable offence. The list
of jewelry items of respondent No. 2 as shared and agreed to be returned
by way of an e-mail, establishes the fact that the same are of high value
and is retained with an intent to misappropriate the same. Further, the
petitioner was/is a nominated person of the other accused persons for
returning the valuable jewelry/stridhan and other items, as agreed in the
e-mail but the same has not been returned till date by the petitioner and
has cheated respondent No. 2. It is stated that on 09.01.2023, the
respondent No. 2 travelled from United Kingdom to India to undergo
IVF treatment at the insistence of sister of the petitioner due to lower
costs in India and during that time, she stayed at her parental house at
Jammu for care and support. On 17.05.2023, the petitioner’s nephew
under the influence of the petitioner and other accused persons with mala
fide intention, withdrew his consent to the IVF treatment causing
significant emotional, physical and financial loss to the respondent No.
2. The respondent No. 2 had undergone two cycles of IVF treatment with
4 CRM(M) No. 489/2024
the mutual understanding and explicit consent of her in-laws. However,
one week prior to the final insemination, the petitioner’s nephew i.e.
husband of respondent No. 2 acting under the influence and direction of
petitioner and accused persons withdrew the consent to the IVF
treatment. This abrupt withdrawal caused significant detriment to the
physical and mental health of respondent No. 2. It is stated that even
when the divorce decree was passed in UK, the accused persons agreed
to return the valuables etc. of the respondent No. 2 lying in UK lockers
but the same have not been returned till date. The petitioner is managing
whole of the affairs in India as the petitioner has been nominated by the
other accused persons through which high value jewelry was to be
exchanged in India. The accused persons, by not returning and
continuously retaining the same illegally, had the intention to cheat from
the very inception itself. It is further averred that the petitioner planned a
meeting in London on 12.07.2023, insisting on his presence under the
guise of reconciliation, which in reality was a pre-designed plan to
harass and extort money from the respondent No. 2 and her family.
During the planned meeting, the petitioner ensured that respondent No. 2
and her husband were not given any opportunity for private discussion
and subjected respondent No. 2 to undue harassment regarding her
medical conditions. The petitioner and his wife not only mocked
respondent No. 2 but also levelled false accusations against her including
the allegations of witchcraft and black magic. In fact, under the guise of
reconciliation, the petitioner and other accused persons had premeditated
and planned for divorce. The said meeting was followed by a meeting on
5 CRM(M) No. 489/2024
16.07.2023, in which the petitioner along with other accused persons
refused to meet the respondent No. 2 and her mother. Thereafter, another
meeting was held on 18.07.2023, which was again a mere harassment
session against respondent No. 2 and her family. It is further stated that
after enduring significant harassment and feeling disheartened,
respondent No. 2 and her family left London on 20.07.2023. A few days
after the meeting on 01.08.2023, the nephew of the petitioner sent the
divorce notice to respondent No. 2. The respondent No. 2 has admitted
issuance of final order of divorce.
4. Mr. Sachin Gupta, learned counsel for the petitioner has submitted that
the false and frivolous FIR has been registered against the petitioner just
because the petitioner has been nominated for the purpose of handing
over the jewelry to respondent No. 2 but the jewelry articles are not in
the custody of the petitioner, which is admitted by the respondent No. 2.
5. Per contra, Mr. Pranav Kohli, learned Senior Counsel for the respondent
No. 2 has argued that the petitioner had participated in the reconciliation
meetings on different occasions and played a pivotal role to ensure that
IVF treatment is not continued and divorce between the respondent No.
2 and her husband takes places. He has placed reliance upon the e-mail,
whereby the petitioner has been nominated by the other accused persons
for exchange of jewelry to respondent No. 2. He has further stated that
the investigation is still at its initial stage, and as such, no interference is
warranted at all.
6 CRM(M) No. 489/2024
6. Mr. Pawan Dev Singh, learned Dy. AG submitted that the matter is
under investigation and after the investigation, the final report shall be
filed.
7. Heard learned counsel for the parties and perused the record.
8. The contents of the application submitted by respondent No. 2 pursuant
to which FIR impugned has been registered, are extracted as under:
“I Prerna Gupta would like to bring to your attention the
following incidents and seek appropriate legal action against
the accused individuals for their deceitful and criminal
activities:
I got married to Kunwar Sood on 1st November 2019 in
Jammu after a registered marriage in Edinburgh, UK, on 5th
August 2019. Our wedding was also featured on the Netflix
series “The Big Day.” However, the bliss of marriage soon
turned into a nightmare due to the fraudulent and malicious
actions of Kunwar Sood, his father Rajiv Sood, and mother
Neelam Sood.
Throughout the course of my marriage to Kunwar Sood, I have
endured a relentless onslaught of deceit, manipulation, and
emotional abuse at the hands of him and his family, Rajiv
Sood and Neelam Sood. Their actions have left an indelible
mark on my psyche, plunging me into a state of profound
despair and seeking solace and justice through the legal
system.
The seeds of deception were sown early in our relationship,
with Kunwar’s family fabricating elaborate falsehoods to
bolster their social standing and manipulate our circumstances
to their advantage. Neelam Sood, in particular, portrayed
herself as a medical professional in the UK, despite lacking the
requisite qualifications and registration. Kunwar Sood
portrayed himself as a successful stockbroker, despite lacking
any income or success in that field. This deceit not only
shattered my trust but also had far-reaching consequences for
our marriage and my well-being.
One of the most egregious examples of this deception was
evident in our marriage registration process. Kunwar’s family
insisted on registering our marriage in the UK, ostensibly to
expedite visa processes and ensure legal security. However,
the true motive behind this insistence soon became clear – it
was a calculated maneuver to manipulate the legal system for
their benefit, enabling a swift divorce if deemed necessary. By
sidestepping the registration of our marriage in India, they
effectively deprived me of the opportunity to formalize our
union in my home country, where we solemnized our Hindu
marriage in Jammu.
7 CRM(M) No. 489/2024
Throughout our relationship and before our marriage, Kunwar
Sood deceitfully portrayed himself as a successful
stockbroker, boasting of substantial financial independence
and stability. However, this image was a complete fabrication.
In reality, Kunwar was not earning at all and was entirely
dependent on his parents for his financial needs in the form of
monthly pocket money. This deliberate misrepresentation of
his career and financial status was a significant deception that
misled me and my family, severely impacting the trust and
foundation of our marriage. Neelam Sood is a greedy woman
and since 2019 she constantly abused me and my family. She
complained about the gifts we gave her. She never missed a
single opportunity to insult my parents, and I had to always
endure this harassment she continuously threw at me.
Financial exploitation was another hallmark of our marriage,
with Kunwar’s chronic unemployment and reliance on parental
handouts starkly contrasting with his claims of financial
independence. While Kunwar projected an image of
entrepreneurship and ambition, the reality was far from it.
Throughout our marriage, I diligently managed my personal
expenses and extended financial support to Kunwar, often at
great personal expense. Notably, I provided substantial loans
totaling £18,000 to cover his personal debts and expenses,
further exacerbating my financial burden. Additionally, I
facilitated significant cash gifts and transfers, including a
substantial transfer of 1.5 crore from my father for investment
purposes, at Kunwar’s behest. However, as I began to sense
something amiss and observed Kunwar and his parents’
increasingly erratic behavior, I refused to hand over the money
to him, leading to a deterioration in our relationship.
Despite my efforts to support Kunwar financially, I was
exploited by him for personal expenses, including clearing his
credit card bills amounting to £18000. His refusal to contribute
financially and his manipulation of my funds led to severe
financial strain on my part.
Money Transferred and Cash Handed to Kunwar Sood:
• 20 March 2022-£6000 (agreed to pay interest 150%-
WhatsApp)
• 8 June 2022 – £5000
• 12 December 2022 – £2100 (Virgin Miles)
• 24 April 2023 – £5000 (no personal expense as I was in
India)
• April 2019 – £5100
• August 2019 – 1 lac INR on India arrival
• September 2019 – £1000 on departure from India
• January 2020 – £1100 (Lohri)
• August 2020 – £1100 for birthday (iPad)
• September 2021 – £2100 on India arrival
• August 2022 – £1100 for birthday
• Approximately 50 Gold CoinsWedding Expense Unpaid by the Soods:
5 day expense: Rs 26 lakhs (approx.)
8 CRM(M) No. 489/2024The extent of Neelam Sood’s interference in my life became
glaringly evident during my struggle with infertility. Despite
lacking the necessary qualifications or registration with the
UK law, Neelam Sood took it upon herself to administer
medication, disregarding medical ethics and compromising my
health. Her unchecked actions not only exacerbated my
physical and emotional anguish but also underscored the
extent of her disregard for my well-being.
In an attempt of family planning in 2022 I was made to
undergo numerous medical tests regarding my fertility but
they did not agree to get the 40 year old Kunwar Sood tested
even once and blamed me for being unable to conceive. In a
distressing turn of events, despite my consultation with a
private IVF doctor in London and my preference to undergo
treatment there, my in-laws made the unilateral decision to
send me to India for IVF treatment, disregarding my
reservations and concerns. Dr. Meenakshi Dua at Delhi ART
Fertility Clinic in Gurgaon was my doctor for the IVF
treatment. Neelam Sood, being an ex IVFdoctor was
constantly interfering in my treatment, giving wrong and
outdated suggestions to Dr Dua. Dr Dua refused to follow her
instructions as Neelam Sood had not practiced IVF in over 12
years and proceeded to follow her own protocol. Neelam Sood
held a massive resentment towards her and started harassing
me for it. This decision, compounded by Kunwar’s subsequent
withdrawal of consent for the treatment, plunged me into a
state of profound despair. Despite my best efforts to pursue
treatment at Delhi ART Fertility Clinic in Gurgaon under the
care of Dr. Meenakshi Dua, Kunwar’s abrupt withdrawal of
consent effectively halted the entire process, leaving me
devastated and emotionally shattered. Mr. Kunwar Sood had
initially given written consent for two cycles of IVF in the
month of March 2023 and May 2023, with all expenses,
amounting to approximately 10-12 lakhs, borne solely by me.
During this treatment, which spanned about four months, I had
to endure the insertion of 40 hormonal injections into my
stomach, causing significant physical and emotional trauma. I
was physically distressed and was left mentally bruised from
the rigorous process. Shockingly, one week before the
insemination of the fertilized eggs, on 17th May 2023 Kunwar,
without informing me, wrote an email directly to the doctor,
withdrawing his consent to go ahead with my pregnancy. This
last-minute withdrawal left me helpless and resulted in a
significant wastage of eggs and exacerbated my distress. The
emotional and physical harassment I endured due to Kunwar’s
actions was immense, highlighting the severe psychological
and physical toll this ordeal has taken on me. Neelam Sood
herself being an ex IVF doctor did not counsel Kunwar Sood
about the process and the ordeal I had to go through during the
treatment. Rather she instigated and gave full support to
Kunwar Sood to take such drastic step and gave me no prior
information.
Before the revocation of my IVF treatment, on 2nd week of
May 2023 my parents went to Delhi to attend a wedding where
Mr Pappu Wasan was also present. MrPappuWasan was
9 CRM(M) No. 489/2024
person, who introduced us to the Sood family and was a close
aide to the Sood family. Neelam Sood was well aware of the
reason of my India trip to undergo a fertility treatment. Yet to
make a mockery of me, she persuaded Mr Pappu Wasan to
question my parents, the reason for me being in India for
4months. My parents refused to disclose the personal
information and instead my father expressed his worry about
Kunwar Sood’s financial situation as we were planning a
pregnancy. The Sood family realized all their lies were
exposed and they started harassing me by adding lies to the
conversation such as blaming my parents for disclosing about
my medical treatment to Mr Pappu Wasan which was clarified
by the Wasans as a false allegation towards my parents. I was
undergoing my IVF treatment at that time and I was unable to
cope up with the abuse, taunts, humiliation and harassment I
was being put through.
Immediately after theinsensitive and traumatic IVF
cancellation, 10 days later on 28th May 2023, I launched a
website for my newly incorporated business in an effort and
attempt to establish a career of my own. This did not go well
with Kunwar and his parents as neither he nor his mother were
working professionals. In a sudden and inexplicable turn of
events, from 29th/30th May 2023, the Sood family abruptly
ceased all forms of communication with my family, offering
no explanation or justification for their actions. All our calls
and messages were unanswered. This unexpected
abandonment by Kunwar and his family only compounded my
distress, leaving me and my family in a state of confusion and
emotional turmoil.
We kept texting and calling them, but there was no response,
which constrained us to contact MrPappuWasan from
Mumbai.. He was asked to pass us a messageadvising against
sending me to the UK then. In the second week of July, Pappu
Wasan informed us that the boy’s parents, along with his
uncle Sumesh Chadha and maternal aunt Geeta Chadha,
ordered a meeting in London. We travelled to London on
July 11, 2023, and the meeting took place the following day.
Representing the boy’s side were Rajiv Sood, Neelam Sood,
Kunwar Sood, Pappu Wasan from Mumbai, accompanied by
his wife Mrs Bala, as well as the maternal uncle Sumesh
Chadha, maternal aunt Geeta Chadha, and their maid Rimpy.
On our side, my father, Mr. C.P Gupta, my mother, Aradhana
Gupta, along with my brother, Pranav Gupta, and myself,
Prerna Gupta, were present. However, instead of seeking
resolution, the meeting turned into a harassment session. They
levied false allegations against me, pushing the accusations to
extreme levels. The harassment and abuse went on for more
than 3 hours and we were not allowed to give any explanation
or call out the false allegations. My medical condition was
openly discussed and questioned about by his maternal uncle
and I was humiliated.
Following that, for the ensuing ten days, all communication
from their end ceased entirely, leaving us enveloped in a cloud
of uncertainty. The decision to finish the marriage was already
taken from their side since the month of May 2023 as they had
10 CRM(M) No. 489/2024
made all the changes to company directorship and other
financial changes since the month of June and July. They had
called us to London under false pretense of resolution and
reconciliation for one meeting where they could throw all false
allegations on us and then did not bother to discuss matters
any further. Despite our earnest attempts at reconciliation, they
remained steadfast in their stance, refusing to accept my return
and even declining to meet with my parents. The only
response we received from Kunwar Sood was a terse
statement: ‘I need some time’. After staying in London for 10
days, confronted with this deadlock and seeing no signs of
progress, we felt compelled to return to India on 22nd July
2023.
Then, precisely one week later, on August 1st, 2023, again
after no communication since our stay in London, he served
me with a divorce notice from the court. I was shocked by
such a huge deception and thought of ending my life, because
for 3 years I had endured all the harassment and torture his
family inflicted on me, whereas I only continued to support
him as a wife during his hardships. But he and his family did
not communicate with us even once when they decided to take
such a big step that had turned my entire world upside down
and left an everlasting impact on my future. Subsequently, on
September 1st, I received an email from the Immigration
Department, informing me of the cancellation of my Spouse
Visa.
I returned to the UK on September 18th 2023 to retrieve my
belongings, staying until October 15th, 2023. Since attempts to
communicate with them proved futile, I reached out to our
mutual friends and relatives and my brother Pranav, who came
to London to support me, also messaged his father Rajiv Sood
as well, in a bid to retrieve my belongings, albeit to no avail.
Upon returning to India, two days later, on October 17th,
Kunwar’s lawyer contacted me, instructing me to collect my
belongings from a storage warehouse, which in fact they might
have fiddled with and also gave false commitment that all my
jewelry(which is still in their possession) would brought to
India and exchanged later on, and now they are again
demanding me to come to UK to collect the same thus
continuing their harassment. I have made numerous attempts
to get all my valuables and jewelry retrieved, which is still in
their possession without my consent but they continue to
disregard my attempts and harass me for it.
While conversing with our mutual friends, I was disheartened
to learn that Kunwar and his family had been actively
tarnishing my reputation and engaging in character
assassination. False allegations circulated, including claims
that I practiced witchcraft and misrepresented my intentions,
such as initially pretending he was trying to contact me, then
claiming he was unaware of my treatment and when
confronted by my friends, he then purportedly using IVF
treatments as a guise for my personal vacations and falsely
claiming his mother to be a practicing IVF doctor in London.
Such baseless accusations only added to the distress of an
already difficult situation and it shattered me world as I had
11 CRM(M) No. 489/2024
always supported him as a wife and had put my faith in him
and had put myself through such a painful treatment only to
have a child.
Kunwar Sood had been married before in his life and in that
marriage he also had a daughter but then later got divorced
from his first wife who was from Amritsar. We reached out to
speak to his previous in-laws. We were shocked to hear that
they had faced same harassment and deception. We were made
aware of how they had treated the first wife resulting in a
failure of the 1st marriage as well. We received a copy of the
FIR lodged against them in the past, resulting to which
Kunwar Sood was detained at the New Delhi Airport on
arrival. It became evident, that coming to India and trapping
innocent families for their own financial benefit under false
presence is their Modus Operandi.
In recounting the harrowing experiences endured during my
marriage to Kunwar Sood, it becomes abundantly clear that
the depths of deceit, manipulation, and emotional abuse are
staggering. On many occasions I suffered physical abuse
inflicted by Kunwar Sood and his mother Neelam Sood such
as throwing boiling water on me and dragging me across the
floor whilst digging her nails into my arm. From the calculated
deception surrounding our marriage registration to the
financial exploitation and medical malpractice perpetrated by
Kunwar Sood and his family, every aspect of our relationship
has been tainted by their egregious actions. As I navigate the
arduous journey toward healing and seeking justice, I am
resolute in my pursuit of truth and accountability, determined
to shed light on the injustices inflicted upon me and countless
others in similar situations.
In light of the above circumstances, I request you to kindly
register an FIR against Kunwar Sood, Rajiv Sood,Neelam
Sood and Sumesh Chadha under sections related to cheating,
fraud, criminal breach of trust, and relevant provisions of the
law. Their calculated and criminal actions have caused me
significant harm and require immediate legal intervention.
Also I am deeply troubled by the realization that Kunwar has
completely turned against me. He has been sending
threatening letters to my cousin in Manchester, who is an
Orthopedic doctor, blaming him for disclosing to us, his
mother’s non registration as an authorised doctor in London
(which is a criminal act) and blaming him for the failure of a
marriage. He has blamed my brother for breaching medical
ethics and threatened to report him to the medical governing
body of UK. In UK a doctor’s credentials are a publicly
available document on the NHS website and anyone has an
access to it. Given this betrayal of trust and erratic and
senseless behavior, I harbor serious concerns that, during our
time together as husband and wife, he may have in his
possession some private photographs/videos of me. This
alarming possibility fills me with apprehension, as he has
previously threatened to misuse such images to tarnish my
reputation.
12 CRM(M) No. 489/2024
Rajiv Sood, Neelam Sood and Kunwar Sood arrogantly use
their British Nationality and OCI cards as a shield to commit
such heinous crimes, and have proudly claimed multiple times
that they can’t be held accountable in the court of law for such
crimes. They have undermined the Indian Judiciary and law
and become habitual offenders and will continue to do so in
future as well destroying lives for innocent women from India.
The detailed accounts of the incidents, including relevant
evidence such as bank statements, medical reports,
communication records, and proof of financial transactions, to
support my case, are in my possession.
I have also registered a complaint against them in the National
Commission for Woman and the High Commission of India in
London. I will also be registering a complaint with the
Governing Medical Council of UK against Dr Rajiv Sood for
malpractice and medical negligence towards me.
I urge the authorities to investigate this matter thoroughly and
take necessary legal action against the accused individuals to
ensure justice is served. I trust in the impartiality and integrity
of the police force and seek your assistance in obtaining
justice for the injustices I have faced.”
9. A perusal of the contents of the application as extracted above would
reveal that all the allegations have been levelled primarily against
Kunwar Sood i.e. husband of respondent No. 2 and his parents. The
petitioner comes into the picture only in the first week of July 2023 i.e.
after the relations between respondent No. 2 and her husband had turned
bad to worse, when he participated in the reconciliation meetings. In the
meeting that took place on 11.07.2023, no specific allegation has been
levelled against the petitioner. In fact, there is no allegation against the
petitioner in the application and all the allegations have been leveled
against the husband of respondent No. 2 and his parents.
10. It appears that the petitioner has been arrayed as an accused only because
he was nominated by the other accused persons for handing over of the
jewelry/articles of respondent No. 2, which are lying with the husband of
respondent No. 2 and her family members in UK as claimed by
13 CRM(M) No. 489/2024
respondent No. 2. Respondent No. 2 cannot array the petitioner as an
accused in the FIR merely because he was nominated by the other
accused persons for handing over of the articles lying in UK to her in
India. The petitioner admittedly is a resident of Ludhiana and as per own
assertion of the respondent No. 2, he participated in the meeting that
took place in July, 2023. There is no reference to the petitioner in the
impugned FIR anywhere, except in the meeting that took place in July,
2023 in United Kingdom. In the facts and circumstances of the case, the
continuance of the investigation against the petitioner shall be nothing
but an abuse of process of law, particularly when no allegations against
the petitioner in respect of commission of offences under section 498-A
and 420 IPC, have been leveled. Even in her statement recorded during
investigation, there are no specific allegations against the petitioner
except in respect of participation in the meetings held in UK for
reconciliation. It is evident that the petitioner has been arrayed as
accused only to pressurize him to persuade his sister, nephew and
brother-in-law to hand over the jewelry/articles to the complainant/
respondent N.2. This is also admitted fact that marriage between the
respondent No.2 and Kunwar Sood stands already dissolved.
11. The Hon’ble Supreme Court of India time and again in its numerous
decisions has deprecated the practice of arraying the relatives of the
husband as accused in the proceedings under Section 498-A IPC. In this
context, it will be apt to take note of the latest judgment of the Hon’ble
Supreme Court of India in “Payal Sharma vs. State of Punjab and
14 CRM(M) No. 489/2024
Anr.“, 2024 INSC 896, wherein in paragraphs 17 &20, it has been held
as under:
“17. A bare perusal of the FIR would reveal that such
allegations against the accused No.5 and 6 are general and
omnibus in nature and that apart they are nothing but
exaggerated versions invariably suggesting over
implication of accused No.5 and 6.”
xxxxxxxxxxxxx
“20. The decisions referred above on the subject of exercise
of power under Section 482, Cr.P.C., would undoubtedly
cast a duty on the Courts to consider the contentions that
there is lack of specific allegations against the accused
concerned to constitute the offence(s) alleged against a
relative or that the implication was nothing but an over
implication to pressurise the family of the husband to yield
to the demands. The Courts cannot refrain from
discharging the obligation to consider such contentions. It
appears that in the case on hand despite raising of specific
contentions which require deeper consideration, may be taking
note of the submissions made on behalf of the complainant
that the challan was presented and the matter stood listed for
framing charges and hence, it would be open to accused No.5
to raise all plea at the time of framing of the charges, the Court
refrained itself from considering the contentions raised against
accused No.5.”
(emphasis added)
12. In view of what has been said and discussed hereinabove, this Court is of
the considered view that continuation of the investigation in the
impugned FIR qua the petitioner shall be nothing but an abuse of process
of law. Accordingly, FIR No. 0112/2024 under Sections 498-A & 420
IPC registered with Police Station, Gandhi Nagar, Jammu qua the
petitioner is quashed.
13. Case diary be returned to be learned Dy. AG.
(RAJNESH OSWAL)
JUDGE
Jammu:
13.03.2025
Karam Chand/Secy.
Whether the order is speaking: Yes/No
KARAM CHAND Whether the order is reportable: Yes/No
2025.03.13 15:22
I attest to the accuracy and
integrity of this document
