Ravinder Pal Midha vs State of Haryana

G.R. Majithia, J.

This petition under Section 482 of the Criminal Procedure Code read with Article 227 of the Constitution of India has been moved for quashing FIR No. 37 dated February 2, 1990, registered under Sections 406, 420, 471, 494 and 498 A of the Indian Penal Code, at Police Station, Shahbad, on the basis of a complaint received from Sangeeta Midha, wife of Ravinder Paul Midha. The Superintendent of Police, Kurukshetra, directed the registeration of the case.

The FIR (copy Annexure P1) reads as under :

"Under a preplanned conspiracy to have marriage fraudulently and have a woman without the right privilege and status of legally married wife of working house maid and be sexually exploited to rob her chastity and modesty, Ravinder Pal Midha son of Hukum Chand an employee of income tax deptt., Leela Bhawan Patiala entered into the marriage contract of my hand with my parents that my marriage took place at Shahbad Markanda on 2581986 at my father''s (Dr. V.K. Satyawati Ex. M.P.) house. At the time of marriage he unsuspectedly gave his name Ravinder Kumar (En. I.A.) although his name was found to be Ravinder Pal Midha son of (sic) these words, Midha also concealed a vital fact from my parents that he was already married and had a wife with children (Encl 1.1.2) She is living in Chandigarh separately from Midha although she was deceived and kept myself and my parents in dark on this point for three years thus deprived myself legal status of married wife holding my marriage void under Hindu law. Midha played this naked fraud upon myself wilfully and deliberately knowing the outrage to be falled upon myself an innocent girl to go further. I reached Shimla with my so called husband Midha on 27.8.1986 with him at flat NL Knall''s wood Housing Board Colony. The first emotional shock, I experienced was that on arrival at his house, very first act he removed wedding Shri Bindi and sindhoor, the sign of my suhag, however, I beared this emotional shock helplessly and silently. This incident was occured on the 30th August, 1986 just three day arrival in Shimla. Midha asked me to accompany him to the district Courts to get our marriage duly registered he introduced myself to an advocate named Om Prakash, who according to the fee given by Midha, in advance took me to the stamp vendor, bought three rupees stamp paper, obtained my signatures on the blank stamp paper at two places and thenled me to upstair on the 4th Floor in an empty Court room; No Magistrate or judge was there, except a babu sitting there. The Advocate put a third signature on one blank stamp before the Babu, and congratulated me saying that you have become wife and husband legally. Midha was not there We returned home I did not feel any necessity to ask further about those signatures, the matter closed there and then while on a short visit to Shahbad Midha told my parents that Sangita (myself) has opened there her own separate account in the Bank. I showed my pass book with a 100/ (one hundred rupees) deposited by my father. He gave me a sum of Rs. 5000/ to be deposited in my fixed account. On our nnext visit, I showed to my father the fixed account paper. He got a photostat copy of the same and returned to me (Contd.3) the original. Midha turned dishonest to grab the fixed account money. Sometime he pleaded with me, to start some business in Shimla to accomodate my younger brother Pinky, who is in search of work and Midha wired to my father to bring Pinki to Shimla on 22101988. Accordingly, Midha suggested myself to withdraw my money to invest in business, Pinky would have to work. I simply agreed and signed the withdrawal paper willingly. I should recall that Midha myself has Indira Vika Patra worth Rs. 35,000/ but he did not touch his money to invest inthe proposed business. The story ended with sorry that Midha abondoned the idea under on pretext or the other and sent my brother back. I closed the chapter of my Shimla life. To narrate the other matter, Midha got him transferred to Patiala in early February 1989. He shifted there. On Ist february 1989 we purchased jointly a residential plot at Anand Nagar Colony. The deal was duly registered on 7.4.1989 and soon started the construction of a new house for us. I have also contributed substantially by borrowing from my parentntal relation, towards the costs of construction. For the meanwhile, Midha''s elder sister Krishna Midha reached and on dowry started quarrelling with myself, it was on August 7/8 that Midha''s mother and sister Krishna called me bad names; when Pandit Raj Kishan my cousin brother tried to intervence, he was also duly abused (sic) was at the plot, on his return, when the matter into his notice, he offered an unconditional apology on their behalf he also made a reference to this incident in letter dated 19.9.89 to my father, photostat copy enclosed. I realised thought etc. that all harassments mental and physical was going at the behest of Midha to force me to quit. I was not allowed to enjoy the T.V. and radio programmes. Not allowed to write to my father, or brothers on the occasions of Raksha Bandhan last August I was not allowed to send rakhis to my brothers. Krishna sometimes snatched bread from my hands for one reason, that I should not take my meals before Krishna and Midha. I was made to work as a manual labourer at the site of our plot etc. In his attempt to get rid or myself Midha asked me several time `to have my price and go'' but I refused it strongly as I was not a cattle to be disposed of by sale and purchase. Matters were going from bad to wrose and on August 29, I was made to leave by Krishna without taking anything withme, I reached Shahbad, my father informed Midha that his wife Sangita arrived empty handed. After three months stay, Midha wrote me to return so my father and cousin brother Raj Kishan brought me to Patiala. This time some new things were revealed to me that Midha had another wife Usha with three children. Under the service rules, regarding G.P. Fund Usha was nominated as his beneficiary instead of myself, more shocking revelation was made by some one in Midha''s office, that Midha has changed his religion and name, from Hinduisms and got him converted to Islam with a Muslim name Rashied Parvez. Three years ago much before our marriage, he had declared as such in an affidavit before a court in Shimla. At this my mind went to some secret papers. Midha had given me some newspapers to keep in my secret custody. Having dug out these papers, I found many indiscriminate documents among those secret papers namely an application for conversion in English written in the hand writing of Midha addressed to one Mufti Zamil Ahmad Zama Maszid Muzaffar Nagar(UP) dated 9th August 1986 and affidavit of Midha dated 7886 declaring that I, R.P. Midha aged about 47 years the abovenamed do hereby solemly affirm an ddeclare as under, that I am working as a Supervisor in the Income Tax Office, Shimla (Midha was not supervisor but head clerk at that time) that I am converting my religion from Hinduism to Islam from today dated 7th August 1986 on account of my own freewill without any pressure of any kind whatsoever. A certificate of conversion to Islam typed in English issued and signed in Urdu from Mufti Jamil Ayamad near Bara Nala Muzaffar Nagar(UP) dated 9.8.86. The certificatew says that certified today Ind Zil His 1986 at 11.00 a.m. Sh. R.P. Midha s/o Late H.C. Midha has adopted Islam his Islamis name is Pashid Parvez hs name stands at page 339 of the register, even more shocking for me also affidavit of mine see dated 30886 with my signatures at 3 places. This was a false statements with a fabricated and a making story of falsehood and a bundle of lies. This is so called affidavit, which I have never sworn, depicts i.e. affidavit of Miss Sangita d/o Sh. V.K. Satyawadi r/o M.4 Manallaswood Shimla (Note to mischief is describing myself as Miss instead of Mr. R.P. Midha that I am a house lady (not a housewife) that I am converting my religion from Hinduism to Islam from today i.e. 30th day of 1986 on account of own free will etc. The significant thing is that this affidavit was concerned I was totally out from my relationship with R.P. Midha I am shown as a house lady residing somewhere, other than the residents of my husband i.e. L4 Kanalls Wood with all these wrong facts, I was identified by Om Prakash Advocate I enclose copy of my affidavit on this point. An application for conversion on behalf of myself written Hindu by Midha himself addressed of same Mufti Jamli; Ahmad with my signature forged by Midha, it is to be explained how a girl like myself could know the address of someone, living far away, place like Muzaffar Nagar to whom one should apply for conversion and how these papers reaching Midha''s Hand. In this application my address was given different from that of the affidavit i.e. M3 instead of M4. Having gone through these papers. I could easily recollect the drama of registeration of our marriage played by Midha and the advocate Om Prakash who got my signatures on the blank stamp and himself typed the false story of my conversion. In order to complete the ugly story deception, I should recall that I am converting myself from today i.e. 7th August 1986 and in the certificate of conversion the date is 9th August 1986 he gave his Islamic name as Rashid Parvez but he concealed these facts from my parents at the time of marriage, 15 days later he did not give his Muslim name instead he gave a Hindu name and married according to Hindu rites and traditions. I passed on these documents to my father and this fault of mine, if it is so, called affidavit when came to the knowledge of Midha, he got irritated and decided to punish myself and the tussle started its climax. When I reached Patiala, this time. I was given to know that Midha has entered into contract with some party to dispose of our newly built house by sale. I strongly objected but with no avail. I obtained a copy of sale deed of the plot which revealed another grave fact that my name was not disclosed in the documents althought the property is a joint property and I have substantially contributed to the same. I at once filed a suit for permanent injunction against the sale and my dispossession. Naturally the tension reached the boiling point Midha took the extreme step. On 8th august 1989 in early hours at 5.00 A.M. he accompanied by about a dozen goondas raided the house. He and his hired men gave me and my aged mother severe beating, threw us out on the road in the bitting cold, gathered all the house hold articles loaded on trolley and took away. He locked the house leaving us crying, my father reached Patiala on the afternoon and took the matter tyo the SSP Patiala who ordered for immediate registeraion of case under sections 307/323/504/337, 498A IPC and under section 4 to 8 of Dowry Act. Midhas was arrested and remanded to the police till 6th Jan. 1990. He has since been released on bail. I have come to your goodself to take action in the matter i.e. marriage by fraud, false affidavit, forgery of documents deceiving my parents and myself embezzlements forgery of documents deceiving my parents and myself embezzlement of Rs. 5000/ on my fixed deposits under false pretexts, snatched my gold ornaments (two gold bangels one gold chain) and handed over to his sister Krishna all these ornaments and money which is my Istri Dhan etc. detailed above and held me out of distress."

It is submitted that the FIR does not disclose any offence, that after taking into consideration the defence of the petitioner, this Court should hold that the criminal complaint is motivated.

The initiation of the proceeding is gross abuse of the process of the court. The matter is under investigation and this Court cannot stop the investigation more particularly on the facts disclosed in the FIR. On the reading of the FIR, it cannot be said that the same does not prima facie disclose the commission of any offence by the petitioner. The petition is wholly lacking in bonafide and is dismissed.