REF NO. LAC-19042023-1205 DATE:19.04.2023
TO,
ACP
Through S H O
P.S. JANAKPURI
8, 8, KIRTI SHIKHAR,
JANANKPURI DISTRICT CENTRE,
JANAKPURI, NEW DELHI
DELHI- 110058
SUBJECT: POLICE COMPLAINT AGAINST THE BELOW MENTIONED ACCUSED PERSONS FOR COMMITTING THE CRIMINAL OFFENCES U/S 498A HUSBAND OR RELATIVE OF HUSBAND OF A WOMEN SUBJECTING HER TO CRUELTY, U/S 354, U/S 503 CRIMINAL INTIMIDATION, U/S 120A CRIMINAL CONSPIRACY, U/S 340 WRONGFUL CONFINEMENT, U/S 509 WORD, GESTURE OR ACT INTENDED TO INSULT THE MODESTY OF A WOMEN OF INDIAN PENAL CODE ALONG WITH U/S 3 AND 4 OF DOWRY PROHIBITION ACT, 1961.
Smt Raj Juneja
W/o Late Shri Om Prakash Juneja
R/o House No 541
Block 8
Lodhi Colony, New Delhi
Mobile: 918130168673
Mrs Ruchi Sachdeva
W/o Mr Surender Sachdeva
R/o House No 541
Block 8
Lodhi Colony, New Delhi
Mobile: 9968313296
Email: Ruchisachdeva@yahoo.com
Mrs. Simmi Chabbra
W/o Mr. Anilesh Chhabra
R/o Botswana
Mobile: 26771565161
Email: simmi62@hotmail.com
Mrs Chhavi Chhabra
W/o Mr. Arun Chhabra
R/o Prague
Mobile: 00420732841820
Email: chhavichhabra@yahoo.com
Sir,
Under the instructions and on behalf of my client Anju Juneja, W/o Ashish Juneja, R/o C-4A/35A, Janakpuri, NewDelhi-110058; hereinafter known as Complainant, I do hereby serve upon this Complaint:
That, the Complainant is a law-abiding citizen and currently residing at C-4A/35A, Janakpuri, NewDelhi-110058.
That the marriage of the Complainant was solemnized on 08.12.2003 with Mr. Ashish Kumar Juneja, Son of Accused. Copy of Passport, marriage card, marriage photograph and marriage Certificate of the Complainant is hereby enclosed as Annexure- A, .B, C and D respectively.
That the Complainant after marriage had come in the matrimonial. house where she resides with the Accused persons and is presently residing with her husband.
That the husband of the Complainant since 2001 was working in Dubai and after the marriage of the Complainant she resided in the matrimonial home since January 2004 with the Accused, after that she shad also shifted to Dubai and in every vacation, they use to visit India and stay at the matrimonial house of the Complainant with the Accused.
Complainant life is made roller coaster by Accused persons since she got married. She has been suffocated, suppressed, criticized, cursed, insulted, ridiculed, abandoned & stressed by the Accused persons to a point where Complainant end up. suffering with panic attack, depression, insecurity & sleeplessness. The damage Accused persons has caused to Complainant is beyond repair and has made the Accused persons liable U/S 498A HUSBAND OR RELATIVE OF HUSBAND OF A WOMEN SUBJECTING HER TO CRUELTY of the Indian Penal Code. The impact on Complainant life is inhumane. There is a change in Complainant personality from cheerful & bold to scared & uncertain. Complainant is on medication for anxiety/panic, depression & sleep. Copy of Medical/ doctor prescriptions of Complainant is hereby enclosed as Annexure- F.
That the Accused persons made Complainant handicapped mentally, socially & emotionally. That the Accused persons ensured that the Complainant cry on every step of her life. That the Accused persons always wishes sickness for Complainant on her face. That the Accused persons created trouble in Complainant's married life. That the Accused persons even made Complainant realized she has nowhere to go & she has to accept everything as after marriage no body keeps the girl. She said "Nobody keeps daughter after marriage; ask your brother will he keep you". That the Complainant was so depressed with all the criticism & nagging that once Complainant asked the Accused persons that in these so many years of marriage you didn't find event a single quality in me to appreciate & the answer was "NO". That although Accused persons wrote a confession. of behaving wrong & badly with Complainant & her husband but still there is no sign of improvement in the behavior. Copy of Confession letter of Accused No. 1 is hereby enclosed as Annexure- G
Accused persons criticized, cursed & ridicule Complainant in front of whole family (Son in law & Grandkids) which killed Complainant's image & confidence. That the Accused persons made the Complainant feel that she is incapable of everything. Accused persons used the phrases. Like:
"Akal nahi hai". (Don't have brains)
"She doesn't know anything"
"Can't do anything right"
"Sanskar nahi hai, yeh to Maa Baap Sikate hai"
"Humne to Shaadi kar ke galti kar di"
"Always says bimaar hu, Accha hai bimaar hi rahe"
"Why didn't you bring more dowry from your house"
"Kamini"
"tu Baanjh hai bacha paida nahi kar sakti"
All these actions and words of the Accused had made them liable U/S 509 WORD, GESTURE OR ACT INTENDED TO INSULT THE MODESTY OF A WOMEN of the Indian Penal Code.
That since the first day of marriage, the Accused persons used to torture the Complainant for not bringing sufficient dowry and even when she bought gifts for the Accused persons, they use to taunt her that Complainant had no standard and they do not like the articles/ gifts that she bought for the Accused.
That due to the harassment and stress the Complainant had miscarriage and was very sad and asked the Accused persons (Mother-in-law) who was residing in the same home with the Complainant to accompany her to visit a doctor, that even on that day Mrs. Chhavi Chhabra (sister-in-law of Complainant) acted so badly and having malafide intention, so that the Complainant would go alone and the mother of the Mrs. Chhavi Chhabra (i.e., Accused) would not go along with the Complainant. That day Mrs. Chhavi Chhabra went for a movie along with her husband and dropped her son with the Accused persons and told her to take care so that the Complainant would go alone to a gynecologist and not with Accused. That the Mrs. Chhavi Chhabra always had a malafide intention against the Complainant. These acts of the Accused persons has made them liable U/S 120A CRIMINAL CONSPIRACY of the Indian Penal Code.
That the Complainant always behaved well with the Accused persons and tried never to answer them for whatever they say. That the Complainant and her husband always tried to keep their family happy, they even use to book tickets for their parents to visit Dubai. That the mother in law and deceased father in law visited Dubai twice together and one-time Accused No. 1 came alone. That the Complainant always treated her mother in law as her mother. Complainant even kept surprise birthday party for husband & tried to make Accused persons & father in law happy by giving them the honor. Complainant, from her first salary after marriage, gifted gold chain to Accused persons & bracelets to sister in laws. Complainant always tried to be part of family but Accused persons already had three daughters, therefore maybe she does not want to treat her daughter in law as daughter. These acts of the Accused persons has made them liable U/S 503 CRIMINAL INTIMIDATION of the Indian Penal Code.
That today even after 17 years of marriage the Complainant is still facing the same behavior from the Accused persons and her sister in laws - Mrs. Ruchi Sachdeva and Mrs. Chhavi Chhabra (Eldest & Youngest). That since long, there is no change in the situation. That the only change which is visible is in the Complainant, that from cheerful & bold personality, now her personality is Coward, uncertain, depressed, she even gets panic attack & feel difficulty to sleep. That the Complainant had even been admitted in hospital many a times when the Accused persons have assaulted the Complainant physically which made the Accused persons liable U/S 354 ASSAULT OR CRIMINAL FORCE TO WOMEN WITH INTENT TO OUTRAGE HER MODESTY of the Indian Penal Code.
That in the last almost 4 years, the Complainant is on medication for anxiety/ panic, Sleep & depression. That the Complainant never got a space neither in the heart of in laws & nor in the home. That the Accused persons always treated her like an outsider or the one, who does not even belong to their family. That the wrong behavior of the Accused persons towards the Complainant is visible to everyone in the family and in the society, as if she is unwanted. They don't acknowledge & respect the existence of the Complainant.
That whenever the Complainant while residing with the Accused persons had tried to express her feelings and emotions to her Mother-In-Law (Accused), she was least interested in listening to the Complainant and she always said "everyone has problems you are not the only one" & make fun of Complainant miseries like "tu to baanjh hai, mere bête ko bhi kaabu kar rakha hai, tere ghar wale ne kabhi humein kuch ni diya."
That the Accused persons had made the Complainant socially handicapped:
Complainant is not allowed to invite any of her friends & relatives at home. Accused persons use to say "mujhe nahi pasand k tumhare rishtedaar ya dost is ghar mein aye"
Accused persons forced the Complainant to maintain social circle and told that their only circle can be maintained is with their Sister-in-laws.
Complainant was not allowed to meet freely with her mother & Siblings. There was always scene created & anger thrown on Complainant by Accused persons whenever Complainant visited her mother & Siblings.
Complainant has to several times cancel lunch & dinner invitation from her friend as Accused persons didn't want Complainant to attend any social circle.
Accused persons didn't allow Complainant to invite her friends and relatives in family function (Mother in Law & Father in Law 50th wedding anniversary).
Accused persons always used to insult Complainant maternal family when they used to visit by not entertaining & sitting in other room: Complainant always feels so embarrassed in front of her mother & siblings.
That the Accused persons had always Isolated the Complainant by not allowing the Complainant to participate in anything:
Accused persons always told the Complainant that she is not the part of the family.
Accused persons didn't allow Complainant to participate in preparation of Mother in Law & Father in law 50th wedding anniversary function. Complainant was not even aware of guest list, menu, venue, decoration, return gift etc. It was so inappropriate/ embarrassing when Complainant found non-veg & alcohol in the menu when Accused persons & the family is Vegan. The Complainant & her husband were not comfortable as their name were used as a HOST, without their consent & knowledge. There was a wrong message & image thrown to the society about Complainant:
Complainant & her husband were not allowed to do Chhuda ceremony for her niece as Mama & Mami. Sister-in-law of Complainant opted for an outsider to perform the rasam. Accused persons agreed with this arrangement.
These acts done by the Accused persons had made them liable U/S 340 WRONGFUL CONFINEMENT of the Indian Penal Code.
That it is very inhumane that the daughters of the Accused persons used to torture/ harass the Complainant on phone and the time when she had swelled up eyes due to heavy crying, the Accused persons who at that time was residing with her in the shared house was least concerned for her and told her that nobody is interested in listening to your Bakwaas and even if she was fine or not (that time she had panic attacks).
That the Complainant alongwith her husband and Accused persons were residing together and the Accused persons along with her daughters use to disturb the Complainant to such an extent, that she get confused & always tried to understand that what wrong she was doing? Why all of them behaving with her so badly?
That it is pertinent to mention here that Mrs. Chhavi Chhabra (youngest sister in law) was always there to interfere in everything, creating mess in everything and every work performed by the Complainant. That Mrs. Chhavi Chhabra always Fights with the Complainant; showing tantrums, provoking her husband & Accused persons against the Complainant. That the situation had become worse when she had bought house & started staying across the road "of Complainant and Accused's house. That Mrs. Chhavi Chhabra till she resided in India use to torture the Complainant for everything for her cooking her dressing and even for the gifts and since last 10 years, when she went abroad, she use to torture her on phone and even use to provoke her a mother (Accused) against the Complainant
That the Complainant feels socially handicapped by her mother-in-law (Accused) and sister in laws. That the Complainant who uses to reside in the same house with the Accused persons were never allowed inviting any of her friends & relatives at home. That the Accused persons use to say she doesn't like anyone to come at her place and also' told the Complainant that the only social circle we keep is with Accused's daughters. That the Complainant was even not allowed to meet freely with her mother and siblings. That whenever the Complainant visits her Parental home, the Accused persons always creates a scene and scolds her.
That even there was an incident when the Complainant's mother was sick and even in such situation, the Complainant was not allowed to visit her mother, whereas she begged Accused persons to allow her for one hour but she simply refuses and said today the Complainant's sister-in-laws were coming in the evening, and they were important for the Accused persons and she had no concern about the Complainant or her mother and she was not allowed to go.
That when someone comes from Complainant mother's side to meet her and her in-laws, the Accused persons behaves very strange with them and without even greeting them, she use to sit in the other room. That the Complainant always feels so embarrassed in front to her relatives.
That the Complainant alongwith her husband feels so isolated. That the Accused persons even while staying in the same house doesn't include her in any ritual or Puja performed at their residence. That the Accused persons even provoked her son( the husband of the Complainant) to leave her alone. That the Complainant had no family support from her in-laws except her husband. That the Accused persons always tells her that she is not part of the Accused's family. That the Complainant is not even allowed to participate in any kind of discussion at home, the Accused, always use to tell the Complainant, "ye hamare ghar ka mamla hai, bahar walon ko dakhal hum® bilkul bardaash nahi karenge"las this is our family matter, we do not allow any outsider to interfere in it]. That the always treat the Complainant as outsider and not as a member of the family.
That even at the time, someone in the family of Complainant's in-laws relative expired, the Accused persons specially instructed the Complainant that she is going there and Complainant was instructed not to come there as she do not see her face there and get embarrassed in the society. That the Accused persons always disrespects the Complainant and use foul/filthy language for her like- "tu pagal hai; tu baanjh hai; tu kalank hai".
That the Accused persons always taunted the Complainant for not bringing enough gifts for her daughters from her mother's house on Complainant's wedding and every time* she visit at her mother's place. That the Accused persons always compares the Complainant with others and used to taunt for what all others had got from their mother's place and the Complainant for not getting what others had got. That the Accused persons use to taunt like- "dekh sabki bahu jab mayke jaate to kitne gift lekar ati han, ek tu hai muh utha k khali hath wapas aa jati hai"
That the Accused person always tries to create confusion & fight between the Complainant and her husband. That the Accused persons while residing with the Complainant would never let the Complainant work in the kitchen and always pretends in front of Complainant's husband that she doesn't work and she is very lazy. That it is also pertinent to mention here that in the beginning it was very difficult to explain all the things to Complainant's husband, however, with the passage of time her husband also understood the conspiracy of his mother (Accused) and sisters.
That the Complainant feel very insecure as the Accused persons has given important access to Mrs. Ruchi Sachdeva (eldest sister-in-law) by adding her name in the bank locker, where even Complainant's Jewellery is kept, also in managing properties etc. That it is pertinent to mention here that the Accused No. 1 along with her daughters take all important decision in the family and they never consult the Complainant and her husband. These acts of the Accused has made them liable U/S 425 MISCHIEF of the Indian Penal Code.
That the Accused persons told the Complainant "agar tum chahti ho ke mein tumhe apne ghar mein rehne du, to wo sab kiya karo jo mein aur meri betiyan kehti hai aur unhe khush rkha karo" (if you want to stay in my house then do everything that I and my daughters are telling you to. do and keep my daughters happy].
That the Complainant while residing with the Accused persons felt so helpless when Complainant was suffering from 'Jaundice and the Accused persons told her to leave her house and to stay at her mother's place till the time she won't recover because she had lot more things to do in life than to take care of the Complainant.
That even after 17 years of marriage, the Complainant was so fed-up with all the criticism that the Complainant had once asked the Accused persons while she was residing with her that in these 17 years had she not found even a. single quality in her to appreciate and the answer was "NO I don't like her and you are nobody in my life, mere bête ki tujhse shaadi karke humne bahut badi bhool kar di "
That now the Accused persons left the home and started residing with her daughter and is everyday forcing the Complainant and her husband to leave the house and even putting wrong allegation that the Complainant alongwith her husband forcing the Accused persons forcefully out of her house. However, it is submitted that the Accused persons had left the shared house with her own will and went at her daughter's (Mrs. Ruchi Sachdeva) home.
That Mrs. Ruchi Sachdeva use to force the Accused persons to fight with the Complainant and her husband, so that the Complainant will leave the house. That Mrs. Ruchi Sachdeva alongwith her husband provoking her mother (Accused) that the husband of the Mrs. Ruchi Sachdeva wants to open a shop at the shared property where the Complainant is residing with her husband after the Accused persons shifted to her daughter's house and not only his they Accused's daughter even forced the Accused persons to file false complaints against the Complainant. That the Accused persons along with her daughters Mrs. Ruchi Sachdeva and Mrs. Chhavi Chhabra) use to harass and humiliate the Complainant and they are very. well aware that the Complainant gets severe panic attacks with all harassments and torture
That the Accused persons always use to tell the Complainant that they won't leave/spare the Complainant and her husband, and will never allow them to stay at her place and will use all the medium(by hook or crook) to throw the Complainant and her husband out of her house. That the Complainant after marriage had been taken to the place where she is residing with her husband presently. That it is also pertinent to mention here that the Complainant and her husband had no other place to stay in India, as due to this Pandemic Situation, they are not even getting the Job. That the Complainant is already taking medicine for her health as she is mentally disturbed and this scenario is impacting her a lot both physically and mentally.
That the Complainant was constrained to file a Writ Petition under Article 227 r/w Article 226 of the Constitution bearing Diary 655219/2023 which is pending adjudication before the Hon’ble Delhi High Court.
That the Complainant has also filed a case of Domestic Voilence against the Accused persons which is pending adjudication before the Hon’ble Metropolitan Magistrate, South West Delhi, Judicature at Dwarka.
That the Complainant has also filed an Injunction Suit and a Partition Suit against the Accused persons which is pending adjudication before the Hon’ble Principal Judge, Family Court, South West District, Judicature at Dwarka.
That, the Complainant due to all sorts of cruelty, harassment and torturous treatment had faced and received irreparable damages relating to her and as well as her children’s mental, physical health, intellectual growth and monetary assurance which are prerequisite to live a dignified and secured life. However the Complainant has silently endured all such sorts of cruelty and tortuous treatment of the Accused persons upto her best possible capacity but on receiving no constructive result the Complainant herein has left with no other resolution beside approaching and seeking for legal remedy and aid.
That, The Supreme Court in its decision in Satvinder Kaur v. State (Govt of NCT of Delhi) (1999) 8 SCC 728, held that “Section 178 CrPC, inter alia, provides for a place of enquiry or trial when it is uncertain in which of several local areas an offence was committed or where the offence was committed partly in one local area and partly in another and where it consisted of several acts done in different local areas, it could be enquired into or tried by a court having jurisdiction over any of such local areas. Hence, at the stage of the investigation, it cannot be held that the police do not have territorial jurisdiction to investigate the crime.”
That, under these circumstances, I request you to file an FIR and also provide protection according to the directions given by the Apex court in the landmark judgement of Lalita Kumari v/s Govt. of U.P. where it was laid down that the registration of FIR is mandatory under Section 154 of the Code if the information discloses commission of a cognizable offence and that the police officer cannot avoid his duty of registering FIR if the cognizable offence is disclosed.
I, therefore, serve upon you this complaint requesting you to initiate the Enquiry against the Accused and to Recover the needful documents and shreds of evidence, furthermore to register a complaint/FIR, under the above-mentioned sections and provisions of law against the Accused, collect the evidence and further provide me with the status report or ATR as soon as possible. A copy is retained for record and for further Legal Action that may arise.
DR. ANUPAM KUMAR MISHRA
ADVOCATE
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