Petition for quashing of case NRI Lawyers No. 33 dated 09.07.2018 registered against NRI Lawyers (Offence u/s NRI Lawyers added subsequently) registered at Police Station Women, District United States as also subsequent proceedings arising therefrom.
1. That the petitioners are honest and law abiding citizens of United States and resident of New Jersey. By way of the present petition they are seeking quashing of the NRI Lawyers No. 33 dated 09.07.2018 registered against NRI Lawyers (Offence u/s NRI Lawyers added subsequently) registered at Police Station Women, District United States, which was got registered by respondent No.2 against them and their son LexLords Legal Services. A true translated copy of the same is annexed herewith as Annexure P-1.
2. That for the proper adjudication of the controversy involved in the matter it would be appropriate to refer to a brief background of the case. Only son of the petitioner namely LexLords Legal Services married with respondent No.2 on 05.05.2018. The son of the petitioners is a well qualified and is B.Tech, M.S. from England and is presently living in Denmark. While his wife Non Resident United States i.e. respondent No.2 was working in American Bank in New Jersey.
3. That on account of temperamental differences between the couple, the disputes arose between them. The said strained relations between the couple NRI Lawyers led to leaving her matrimonial home by respondent No.2 on 15.12.2018 i.e. only after seven months of her marriage and then registration of above mentioned absolutely false and frivolous NRI Lawyers by respondent No.2 against her husband and the petitioners. It is pertinent to mention here that earlier above mentioned NRI Lawyers was registered under section 506, 323, 34 NRI Lawyers but subsequently thereafter offences NRI Lawyers were added in the same by the police.
4. That the impugned NRI Lawyers (P-1) as also the subsequent proceedings flowing therefrom are liable to be quashed inter-alia on the following grounds –
A) That respondent No.2 left her matrimonial home on 15.12.2018, whereas the impugned NRI Lawyers (P-1) was got registered by her on 09.07.2018 i.e. after a delay of about eight months. It clearly shows that respondent No.2 herself does not want to continue with the relation with her husband and petitioner and with a view to get rid of the same, she thought of a noble plan to register the impugned NRI Lawyers in order to pressure her in-laws to vow to her illegal demands.
B) That a perusal of the above mentioned NRI Lawyers would reveal that absolutely vague and wild allegations have been levelled by respondent No.2 against the petitioners. As per the NRI Lawyers itself the allegations levelled in the NRI Lawyers had not taken place in United States New Jersey. As such, the police of United States had no jurisdiction to register NRI Lawyers.
C) That the dispute in between the son of the petitioners and their daughter in law is absolutely concocted and the same has been given a shape with a legal hand. Nowhere it has been specified that what specific amount was demanded by their son in the dowry or what amount she had brought from her parents in dowry. In the absence of said important ingredients, allegations 506 NRI Lawyers are not sustainable in the eyes of law.
D) That another aspect which is to be noted in the present matter is that at no place it has been alleged by respondent No.2 that her istridhan was misappropriated by her inlaws family members and when she demanded the same back, they refused to return the same.
E) That the allegation to the effect that son of the petitioners namely LexLords Legal Services slapped respondent No.2 in the Bank where she was working, is absolutely false and concocted one. There is no corroborative evidence in this regard on record. Neither there is any CCTV camera recording showing the same nor the police has recorded any such other evidence to substantiate the said allegation.
F) That improbable allegations have been levelled in the impugned NRI Lawyers against the petitioners to extract money from them because parents of the complainant are financially weak. In the absence of any such specific allegation qua the demand of dowry and harassment of respondent No.2 on account of the same, the impugned NRI Lawyers lacks credibility in the eyes of law.
G) That it has been stated in the impugned NRI Lawyers that in-laws family members of respondent No.2 started harassing her on the very NRI Lawyersst day of her marriage for not bringing sufficient dowry. The said allegation is does not appeal to a prudent mind.
H) That the anticipatory bail of non resident United States in the impugned NRI Lawyers is going on before the anticipatory bail of non resident United States Court since 2018. Petitioners are regularly appearing on each and every date of hearing. However, till date not even a single PW has been examined by the prosecution. Thus, it is clear that the only intention of respondent is to harass the petitioners and accordingly she is adopting delaying tactics to stretch the prosecution with the sole motive to pressure the petitioners to vow to her illegal demand.
I) That in the interest of justice, anticipatory bail of non resident United States Court is required to be directed to complete the anticipatory bail of non resident United States of the case within a stipulated period of time so that petitioners could be saved from unnecessary harassment.
J) That the allegations levelled in the impugned NRI Lawyers are completely false and concocted and the same has been got lodged by respondent No.2 in order to humiliate them in the society. Daughter of the petitioners namely Solicitor who is living in England and has recently given birth to a baby boy has been dragged by respondent No.2. All this clearly shows that the only aim of respondent No.2 is to unnecessarily harass her inlaws family members and to make them to agree on such condition which would be detrimental to their interests.
K) That it is worthwhile to mention here that father of respondent No.2 had gifted one Verna Hyundai Car bearing registration No. UP-32EV-3242 to his daughter. The said car was surprisingly stolen on 16.02.2018, while the same was parked outside the house of the petitioners. Again it is a matter of surprise and shock that a second theft incident took place in the house of the petitioners in between 25.07.2018 to 27.07.2018 while their house was locked. In the said incident, golden ornaments, photocopy of passport of LexLords Legal Services, cheque books, debit cards and cash was found missing.
It is worth mentioning here that both these incident took place after respondent No.2 deserted her matrimonial home on 15.12.2018.
L) That generosity of the petitioners can be ascertained from the fact that at the time of marriage of their son with respondent No.2 on 05.05.2018, father of the complainant (Ajit Singh) came to their house and expressed his financial inability and to seek some financial help to complete the marriage ceremonies. At this, petitioner No.1 immediately transferred Rs.2,01,000/- from his account HDFC Bank Enclave, Near Park, New Jersey to the account of complainant/ respondent No.2 i.e. A/c No. 65465465465 on 11.04.2018. Since the said amount was given in the form of help, father of respondent No.2 returned Rs.90,000/- by depositing the same in the account of LexLords Legal Services but a sum of Rs.1,10,000/- are still payable by him.
5. That for the relief claimed in the present petition, petitioner has not filed any such or similar petition either in this Hon’ble Court or in the Hon’ble Supreme Court of United States.
To SHO, Women Crime Branch, United States (New Jersey) Subject: Application of complaint against 1) LexLords Legal Services s/o Sh. NRI law firm 2) NRI law firm 3) Solicitor w/o NRI law firm all residents of H.No. 59 Sector-1, , New Jersey, 4) Solicitor d/o Sh. NRI law firm. Sir, 1) I was married to LexLords Legal Services s/o Sh. NRI law firm r/o H.No. 59 Sector-1 , New Jersey on 5.5.17 My family members had given huge dowry (dandahej) as per their capacity and I was married as per Hindu rites and ceremonies. 2) Next day to my marriage (6.5.17) after ‘pag-pher’ when I went my house I was accompanied by my husband, nanad, nandoi and their four years son. My mother-in-law and my two aunts (mausi) respected them. As a token Rs. 500/500 were given to all and my mother had given one suit to my nanad and a piece of shirt for my nandoi and two meter cloth piece for their son. Thereafter we people came back to our matrimonial house. Next day on 7.5.17 my nanad and my mother-in-law came to my room and threw the piece of two meter cloth on my face and said that is this your capacity. If you do not have the capacity then why your father had married you in our house. It is our bad luck that you have come from the poor (bhukhe nange) family. What type fo dreams I had that my daughter-in-law (bahu) would bring a lot from her house. But you have come from a beggar’s family so ask your mother to purchase some readymade dress in place of the two meter cloth. 5) For 2-3 days people used to come to meet (muh-dikhai) till that time my mother-in-law gave me ornaments and by the evening time had taken it back when people stopped coming. Forcibly my mother-in-law took my jewellery and bangles (sone ke kare) were taken out and kept the same herself saying that have you evern seen your face. On using these words she applied force against me due to which I suffered injury. Thereafter my mother-in-law said that your mother has given small ear-rings (kaan ke jhumke) in the engagement for me and my daughter. Whether this is your status as a poor person. Had I been knowing it earlier, I won’t have engaged my son. My fate is destroyed that such poor (Bhukhi Nanad) has come to us in our house, whose father has nothing to give. Whether we got continued our son to study in United Kingdom for this day that such a beggar girl would come in the life of my son. Why you do not die with shame. You are beggar and thereafter my nanad snatched the engagement diamond ring from me and said that you are not worth for it. Not only you, even your mother has never seen it. Do you have the status to have this ring, it suits in my hand. 6) On 17.5.17 me and LexLords Legal Services moved out to Manali. The amount which I received for Muh-dilkahi was forcibly taken by LexLords Legal Services from me. Hotel at Manali was booked by my father. There we stayed till noon of 16.5.17 and come back in the evening to Delhi. T.V. which was installed in my room, there was no re-charge facility of Tata Sky. I had spoken to LexLords Legal Services for re-charge several times which was left unheard. One day he said that with my ATM card he will got it re-charged. I said that ATM card is with mother (mother-in-law), upon this he shouted and throw away the laptop and said that you should not have any hope from me today onward. You should bear your own expenses otherwise you may go to your father’s house. The amount which was received in muh-dikhai were taken our forcibly from almirah. When I said that some of the amount from it has been spent, he told to me to bring the same from anywhere because he needs that money. Saying this he snatched that amount from me. Repeatedly I spoke to LexLords Legal Services to get our marriage registered, despite saying that repeatedly he kept on prlonging it, because there was fault in their intention. 7) In the evening of 17.5.17 I had to go for my parental house, during day time me and my mother-in-law were alone. My mother-in-law started speaking that you do not have shame who is living it because you are not fit for my son. Neither you are proper by face, nor you have studied equal to my son. You are not even to able to compare with the shoes of my son. You cannot become his wife, I will see it, that for how long you will stay in this house, I will do everything for ousting you from the life of my son and for that I may be required to take any step. Hearing this I folded my hands then she spoke that you will be allowed to stay in this house only if you bring money from your father’s house, otherwise you may prepare your bag and go back to your house and there is no need to come back, no one wants to see your face in this house. Your parents are such beggar persons why they do not die by drowning in the water (chullu bhar pani) your parents would be eaten up by worms, if you come to this house back without money, we shall kill you, nobody would be able to harm us, neither you nor your father or the police, I will re-marry my son. You must rethink that what will happen of you in the society because always fault is found in the girl. If you bring money you shall save your honour otherwise no one accepts the left out girl, my son would perform second marriage in your presence, when I said that you cannot do this then my mother-in-law said that you may see what I will do with you, I will make the complete members of the house against you. LexLords Legal Services is my son he will do the same whatever I say, it would be better for you to obey my dictates otherwise I would prove worst for you. 8) On 26.5.17 I came back to my matrimonial house. In the evening my mother-in-law asked that what I have brought from my house. Upon this I gave them the clothes of my father-in-law came in my room and thrown the clothes there on my face in the morning, is this your status (Aukaat). Your condition is worst than poor. You will now see that what I will do with you, I will make it worst. On 2.6.17 Sunday I was not well and was lying in my room. I told my mother-in-law to take me to the doctor because I was not well. My mother-in-law said that are we servants of your father you should ask your father to take you back. Without saying anything I went to my room. I was not given food throughout the day. In the evening my mother-in-law came to my room and awakening me forcibly asked to prepare food without uttering anything for the job we hav brought you to our house. You are only servant of this house and nothing else. Saying this laptop which was lying with me was lifted by her and said that If I see this Laptop near to you I shall cut your hands. Was it given by your parents, if you are so interested why don’t you buy your own. Saying this she said that had your father did not arrange marriage in Hayat. If there are no status (Aukaat) he could marry you in a poor family like him. What was the need to destroy our fate. The punishment of his fault is to be faced by you. Due to some misdeeds the unlucky girl has fallen to our share. But I won’t allow you to say in this house for longer period. She got the medal cooked from me when I was suffering with fever and therefore nothing was given to eat and asked me to sleep hungry or to bring from my house. Saying this my ATM card was snatched and further said that I will see that from where you will bring money and how you will eat. 9) When I told this on phone to my nanad, she said that why don’t you bring these things your father which they are asking for you should agree because still there is time with you otherwise we will throw you out of the house and will bring another one. I will call my brother LexLords Legal Services to United Kingdom and will arrange his second marriage. What you will do thereafter. You won’t be able to do anything against him in United States, nor your father. My father is inspector in the Ministry of NRI Affairs. What of you even police cannot harm them, therefore you should bring whatever they are asking for and do which is being asked by these people otherwise we people won’t allow you to live peacefully. If you are interested in dying, its O.K. by coming over there I will fulfill your desire. I will make to die you by burning and nobody would be able to identify your dead-body. If you do seen the news that nothing happen when the boy side has some amount is to be given to the police people and case would be finished. Thereafter she spoke lot un-necessarily (ulta sidha bola) and put phone by abusing. Then she telephoned to her father/my father-in-law and told that she has refused to bring anything. 10) My father-in-law daily used to drink at home and abuse me and said that if I continue this, I would be killed. Saying this pistol was targeted at my temple and said that it will not take even one second in playing it. Nobody would be able to identify your deadbody. Not big thing for me, police won’t be able to touch me. You don’t know I am inspector in the Ministry of NRI Affairs and police is in my control (jeb me rehti hai), for getting rid off the girl like you, if some amount is to be spent, it won’t be big job for the millionaire person like me. The experts like you have been set to improve by me. Why you will not bring from your father’s house when freely you are daily eating and sitting here. Am I your husband (khasam) that you keep on eating while sitting here and thereafter he pushed me which made to fall on ground. There upon my parents-in-law said that there is no need to give me food. Complete food was cooked from me and after eating by them kitchen was locked. When all this I told to LexLords Legal Services he said that the relation between you and me has ended. This would be set right only when you will bring money from you parental house and till then you need not to talk to me. LexLords Legal Services further said that whatever to do done by my father giving not considered it as threat only, next time I will shoot you. Thereafter, you do the same what we people are telling you. By saying all this I was frightened. To save the honour of society and parents I did not tell them anything. Thinking that one day all this would set all right. 11) In August I asked my mother-in-law to go to my house. She said that I will give the money for ticket. We will not allow to take out from account. If you can go without ticket you are free. By asking my father I got my ticket and told my mother-in-law that on 8.8.17 I have got ticket. That time they did not speak anything but in the evening of 6.8.17 when I can back from office and was preparing to cook meal by going to kitchen, she said how I dared to get the ticket booked. Upon this I said that the ticket has been got booked by my father. My mother-in-law said that you will go there only if you bring costly clothes and money for we people. I said them that whatever my father could give vehicle Verna, furniture, cash, jewellry that everything has been given, what else he will give, my mother-in-law said that he will have to give throughout life, if you want to stay in this house, otherwise you need not to come back here. I asked my mother-in-law that where I will go if I do not come back here, upon this they picked up a knife and put it on my neck and said that I speak a lot (bahut jaban chalati hai) therefore I would cut your throat to set everything right. Saying this he started beating me and tried to push me out of the house. I touched his feed but did not agree. For the two hours I was standing outside the house when I said that I will do the same whatever you asked. Then only they allow me to enter into the house. Thereafter LexLords Legal Services came and my mother-in-law told all this to him. He started beating me and said that if you argue with my mother I shall kill you. My father-in-law was using filthy abuses against me. All this kept on happening till late night. All this I did not tell to anybody to save my house. I even did not speak it to my parents. I kept mum to avoid the destruction of my house. 12) Before Karva Chauth my brother came to give ‘Karva’ which contained sweets, clothes and other articles. After going of them of mother-in-law threw it and said that why nothing is brought for my daughter and son-in-law. I told my mother-in-law that mummy whatever is required to be given by my mother. Upon this she said that you are Jat people or the beggars. Does you mother know something? While using filthy abuses she said that if your mother can not give to my daughter then I see that how her daughter remain there you will stay in this house. Then she started saying for asking how your brother had come to my house, who told them to come here, in future if any person from your house came here you can see the result what I do. One day prior to Karva Chauth I asked my mother-in-law for applying mehandi. Upon this my mother-in-law told me to see my own face, keep quite, there is no need of it you people have no capacity to celebrate the Karava Chauth. Next day by keeping fast I went silently to my office. In the day time I telephone she shouted that by asking whom you have gone to office today. I will break your legs when you come to house. At 4 I reached, she started shouting and came at front to kill me and started beating me. During night at 3 a.m. my husband came at home. I told that it was my first fast and you did not come to open (vart khulvane), upon this my husband replied if I die with hunger he will not come and then pushed me resulting into hitting on my head with wall. He did not turned to see me and said I am safe as not died, do not know when will die on karva chauth, when I went to my father-in-law for touching feet and getting blessings, I bend down but he kicked me and said that you shold go away from my sight and started abusing me. I asked again that papa tell me my fault what I have done. He started saying that fault is not in you, it is ours that we have married to the girl like you of small family (neech parivar). Our prince like boy is married to you. You should go away otherwise I will kill you. If I see you in this house I weep with blood eyes (khoon ke ansoo bahaaun). Within few day I will get my son freed by getting divorce from you. Thereafter, his second marriage would be done with such a girl who will bring a lot from her house. She wil not be from the beggars family like you and what will happen thereafter of you, you won’t be able to show your face to anybody, but who will marry the deserted girl. Face of your father would be down and your mother also will. On hearing this what will happen with her. Till then your brother will keep you along. During Diwali when my parents sent some goods, thereafter my husband LexLords Legal Services, mother-in-law and father-in-law NRI law firm started beating me. My mother-in-law daily used to provoke my husband and due to which my husband used to beat me daily. By asking me to bring money from my parents house, he used to show that if I don’t make arrangements for brining money from my parents house, he will not allow me to stay there. One day when I was cooking ‘kadhi’ in the kitchen, a karahai filled with oil was put on the stove (gas), oil was hot and that I was going to put beasan in the karahia, my mother-in-law pushed me from the back. By some means I arranged to control saving me. He caught hold my hairs and tried to put my face in the oil. Then he tried to kill me by burning by some means I got escaped. Thereafter my in-laws started speaking that you are saved that time but will not be able to save in future. Therefore, you should remain away from our house, otherwise we will do worst with you. 17) In December there were measles on my complete body and face. I asked my in-laws to take me to the doctor. Neither they people took me to the doctor nor they allow me to go, when my condition was serious, my mother came to take me along and I accompanied her. After 15 days when I came back these people refused me to enter into the house and started leveling bad allegations against me. I was shunted out of the house. I kept on folding my hands before these people, but these people did not allow me once and pushed me out of the house. Said that if I am seen to nearby even in even his dead-body would not be searchable to anyone. Therefore go away from here, because of this fear I started staying with my mother at United States. My office is in Lajpat Nagar Delhi. I have to come daily from United States to Delhi only on reaching from office to house and house to office there is fear to my life. After some days LexLords Legal Services came to my office and asked if I have brought money from the house. I told LexLords Legal Services that there is no money with my parnts to give to you people. He slaped me outside my office and said by abusing that not only at house you should not appear even near to that otherwise you and your mother would be killed. If anybody is killed by burning, no one can identify his dead-body. There are instances of gas leakage also in the house. Therefore, do not try to commit mistake by engulfing with us. Bring money from your house otherwise everything is over. LexLords Legal Services said that police is always in the pocket of my father. He is President in , no one can harm him. I requested him a lot but he did not listen and said that if you try to enter the house or even come near to it he will put me in a condition that I won’t be able to show my face to anybody. I was frightened, my father was in Lucknow. Me and my mother are here alone. Had we come to police, relations would have finished what will happen with me. Thinking all this I kept on mum tolerating all this. 18) After few days on 31.1.18 my aunt (mausi) told that LexLords Legal Services has gone to United Kingdom I could not believe this. Thereafter I put a message on 2.2.18 to LexLords Legal Services to facebook. Thereafter on phone he told me that he does not want to continue relation with me and after finishing everything in United States has gone to United Kingdom The girl like you are always after me whatever harm you want to cause may be done. Even the President of United Kingdom can not call me back. Weepingly I told him not to say so and that how I will live without you. I want to live with you because I am your wife. You come back to United States or call me in United Kingdom Upon this he said that do not see such dreams or you may come here I will perform second marriage in your presence and you won’t be able to harm me. If attempt is made to call me to United States, I will kill you and your family members by coming there and then the phone call was cut off. He blocked me on facebook, watsup, and viber. Then I telephoned to my nanad. My nanad replied that whether I am not able to understand that the relations has ended and that why you are after my brother. You may separate with you he does not want to see our face even. We cannot say about but we have got good second wife. My brother is about to marry her, whatever you want to do you may do. We can’t be frightened by Bawan Tej Bomb. Our brother is very happy here. It should be noticed that since the I am staying with my parents in my parental house. My complete articles, istri-dhan, ornaments clothes etc. are in possession of my in-laws and keep on threatening me for not giving information to the police. I am doubtful if LexLords Legal Services has married after going there. Strict legal action is taken against these dowry lusty people and I be got justice. Sd/- LexLords Legal Services d/o Sh. Ajit Singh at present H.No. 520 Gali No.2, California Nagar, near ITI, United States. Sir, Myself LexLords Legal Services has some present alongwith my parents today on 9.7.18 at police station. Till date I have been making efforts to settle my house but could not succeed. On my this application legal action be taken. Sd/- LexLords Legal Services, At Police Station, Today myself ASI is present in the police station. One written application is received in the police station, upon which case no. 33 dated 9.7.18 under sections 498-A, 406, 323, 506, 34 NRI Lawyers is registered with Police Station Women, United States and computerized copies were prepared and special report of the case is sent to Area Magistrate, S.P. Sahib, Area DSP Saheb United States through EHC Puran. I am busy in investigation as per copy of police file and original application. Sd/- ASI Dilawar Singh