PARVEEN MALHOTRA Vs. STATE OF HARYANA
LAWS(P&H)-2014-2-410
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 26,2014

Parveen Malhotra Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

- (1.) THE petitioners are praying for the grant of pre -arrest bail in case FIR No. 40 dated 22.11.2013 under Sections 498 -A and 304 -B IPC lodged at Police Station GRP Ambala Cantt., District Ambala.
(2.) THE aforementioned FIR was registered on the basis of statement made by Smt. Krishna Rani before SI Padam Singh, Police Station GRP, Chandigarh on 22.11.2013 at 4.15 p.m. at General Hospital, Sector -6, Panchkula. She stated therein that her husband had since expired. She had three children, eldest was daughter Mausami, younger to her was her another daughter Pooja while the youngest child was her son Gaurav. All her children were married. The marriage of her daughter Pooja was solemnized with petitioner -Rajat Malhotra on 1.12.2011 according to Hindu rituals wherein dowry was given as per her status. After 2/3 months of the marriage, petitioner -Rajat Malhotra, husband of her daughter and petitioner -Parveen Malhotra, mother -in -law of her daughter started harassing her mentally on account of dowry.
(3.) THE complainant alongwith her relatives had been coming to the house of the petitioners so as to make them understand. As per the demands of the petitioners, a laptop, video cam, still digital camera, mobile, clothes etc., were given. Despite the same, the petitioners did not mend their ways. On 21.11.2013, her daughter Pooja called her on mobile at around 12 noon that her husband and mother -in -law were harassing her by demanding dowry and made her life miserable on trivial issues for the last two days. She made an attempt to make them understand. Again, at about 4.00 p.m., she received a phone call from her daughter, who narrated her while weeping that her husband and mother -in -law were harassing her quite a bit and they would kill her, therefore, she should come and take her along. The complainant assured her daughter that she would visit the house of the petitioners on the following day i.e. 22.11.2013. However, at around 9.15 p.m., Inderjeet, father -in -law of her daughter Pooja, sent a message that Pooja had died. This call was received by her nephew Naresh Kumar. Accordingly, the complainant alongwith her relatives went to the in -laws' house of Pooja where they told her that Pooja had died on account of coming under a train. A complaint was made at Police Station Manimajra but she was directed to go to Police Station GRP. Accordingly, it was requested that appropriate action be taken against husband -Rajat Malhotra and mother -in -law Parveen Malhotra of deceased Pooja. Apprehending their arrest, both the petitioners filed an application under Section 438 Cr.P.C. for the grant of anticipatory bail but the same was dismissed by Additional Sessions Judge, Ambala. Hence, the present petition by the petitioners.;


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