- (1.) Syed Salman Mojiz, the petitioner has brought this petition under the provisions of section 482 Cr. P.C. for quashing of FIR No. 40 dated 22.5.2011 registered at Police Station Dugri, District Ludhiana for an offence punishable under section 498-A of Indian Penal Code. The case of the complainant, Dr. Rubina Tabassum, as per the FIR, Annexure P5, is as under: The complainant is being harassed and tortured by her in-laws and her husband, including bhabhi of her husband, named, Seema Naqvi. The complainant has been married for the last 21 years and the aforesaid persons are creating disorder and disharmony in her family for the last aforesaid years. Irfan Mojiz, brother-in-law of the complainant has been abusing her and is with her husband and relatives. Ghazala Begum, sister-in-law of the complainant has instigated the complainant to kill herself. She even told the complainant to get out of her husband's life. Yawar, son of brother-in-law of the complainant told the complainant to pack-up and go. Faraz son of Ghazala Begum told her to go out. The complainant has lost her only child, named, Rooman in the year 2008 in an accident. Her husband is instigating her to commit suicide. The complainant was saved by Usman, a Shahi Imam of Ludhiana. Problem had been discussed at length with Mr. Biswas, Director, MERADO, and others and the whole campus knew about the problem. After making a request to investigate the case and to protect her from any hurt or risk to her life, she has wondered about the reason why the family wanted to break them apart. The complainant then tells that she is a doctor by profession and her husband is a Scientist in MERADO. She even refers to a case of suicide/hanging having taken place in the campus earlier.
(2.) She again requests for protection from physical and mental abuse. She has then added that she left her home a day before and was helped by Dr. Aruna Dhar, Head of the Department of Gynae and that she was staying at her home. She has then voiced a complaint against her husband for leaving the house without informing her. She has also stated in the FIR that there had been long spells of absence of her husband from home in past. She also wondered as to why a grave problem arose after Rooman's death. She has added about Ghazala saying that Rooman was a closed chapter. She then questions herself about any right of a woman in Islam if she has no child. She also questions as to who killed her son.
(3.) Learned counsel for the petitioner has submitted that the FIR is lodged on 22.5.2011 after 22 years of the marriage. According to him, after the death of the son of the complainant, she went under depression and on account of the same, she has lodged this FIR. According to him, there is no specific allegation of her harassment by the petitioner. He has submitted that no offence punishable under section 498-A IPC is, therefore, made out and hence, the FIR as well as the consequential proceedings arising therefrom, are abuse of the process of the law.;