Sumesh Chadha vs UT of J&K and Anr.

Court: High Court Of Jammu & Kashmir And Ladakh

Bench: Rajnesh Oswal

Sumesh Chadha vs UT of J&K and Anr. on 13 March 2025

Law Point: 

JUDGEMENT

1. It is stated that the petitioner is a resident of Ludhiana and happens to be the maternal uncle of the husband (residing in United Kingdom) of respondent No. 2. The marriage between Kunwar Sood and respondent No. 2 was solemnized in the month November 2019. For one reason or the other, the marriage between respondent No. 2 and her husband failed. In order to settle the dispute between respondent No. 2 and her husband, the petitioner participated in the reconciliation meeting that took place in the month of July 2023 in U.K. He claims to have tried to persuade the couple to live together but after failure of the reconciliation, the couple opted to part their ways. The husband of respondent No. 2 filed a divorce petition before HM Courts and Tribunal Services, Harlow. After the response was filed by respondent No. 2 to the divorce petition, the Court at Harlow passed a conditional order dated 15.01.2024 declaring marriage between the parties broken down irretrievably. Thereafter, the final order in respect of the divorce between the couple was passed. It is urged by the petitioner that respondent No. 2 participated in the whole proceedings before the Court at Harlow and she did not make any complaint with regard to the conduct of the petitioner, his sister, brotherin-law or nephew and the divorce proceedings culminated in the divorce smoothly.

2. It is contended by the petitioner that the respondent No. 2 has got the FIR No.0112/2024 dated 06.06.2024 registered with Police Station, Gandhi Nagar, Jammu under Sections 498-A and 420 IPC against the petitioner concealing the factum of divorce from respondent No. 1 and a bare perusal of the complaint would reveal that if the allegations leveled in the complaint are taken at their face value and accepted in their entirety, no prudent person can arrive at the conclusion that any offence is made out against the petitioner. It has also been urged that the Hon’ble Apex Court has time and again reiterated that the close relatives of the husband are often implicated without any rhyme or reason, and this case is a classic example of what the Hon’ble Apex Court is observing time and again.

3. Respondent No. 2 has filed the response, stating therein that during subsistence of the marriage between the respondent No. 2 and her husband and while the respondent No.2 was living with her in-laws, she was subjected to torture, cruelty and harassment continuously by the accused persons. There are many instances when the petitioner had directly provoked the in-laws of the respondent No. 2 being the maternal uncle of her husband, which resulted in the acts of cruelty, humiliation, dowry demands, besides other acts on the parts of the petitioner, her husband and in-laws conjointly. One such incident is in respect of illegal withholding and retention of jewelry/stridhan belonging to respondent No. 2, which at the behest of the petitioner was denied. It was only due to the consistent persuasion by respondent No. 2 and her family members that the accused persons including the petitioner, agreed to return the gold and diamond ornaments of the respondent No. 2 but continues to be retained by them. The conspiracy hatched by her in-laws, husband and petitioner is self-explanatory and a triable offence. The list of jewelry items of respondent No. 2 as shared and agreed to be returned by way of an e-mail, establishes the fact that the same are of high value and is retained with an intent to misappropriate the same. Further, the petitioner was/is a nominated person of the other accused persons for returning the valuable jewelry/stridhan and other items, as agreed in the e-mail but the same has not been returned till date by the petitioner and has cheated respondent No. 2. It is stated that on 09.01.2023, the respondent No. 2 travelled from United Kingdom to India to undergo IVF treatment at the insistence of sister of the petitioner due to lower costs in India and during that time, she stayed at her parental house at Jammu for care and support. On 17.05.2023, the petitioner’s nephew under the influence of the petitioner and other accused persons with mala fide intention, withdrew his consent to the IVF treatment causing significant emotional, physical and financial loss to the respondent No. 2. The respondent No. 2 had undergone two cycles of IVF treatment with the mutual understanding and explicit consent of her in-laws. However, one week prior to the final insemination, the petitioner’s nephew i.e. husband of respondent No. 2 acting under the influence and direction of petitioner and accused persons withdrew the consent to the IVF treatment. This abrupt withdrawal caused significant detriment to the physical and mental health of respondent No. 2. It is stated that even when the divorce decree was passed in UK, the accused persons agreed to return the valuables etc. of the respondent No. 2 lying in UK lockers but the same have not been returned till date. The petitioner is managing whole of the affairs in India as the petitioner has been nominated by the other accused persons through which high value jewelry was to be exchanged in India. The accused persons, by not returning and continuously retaining the same illegally, had the intention to cheat from the very inception itself. It is further averred that the petitioner planned a meeting in London on 12.07.2023, insisting on his presence under the guise of reconciliation, which in reality was a pre-designed plan to harass and extort money from the respondent No. 2 and her family. During the planned meeting, the petitioner ensured that respondent No. 2 and her husband were not given any opportunity for private discussion and subjected respondent No. 2 to undue harassment regarding her medical conditions. The petitioner and his wife not only mocked respondent No. 2 but also levelled false accusations against her including the allegations of witchcraft and black magic. In fact, under the guise of reconciliation, the petitioner and other accused persons had premeditated and planned for divorce. The said meeting was followed by a meeting on 16.07.2023, in which the petitioner along with other accused persons refused to meet the respondent No. 2 and her mother. Thereafter, another meeting was held on 18.07.2023, which was again a mere harassment session against respondent No. 2 and her family. It is further stated that after enduring significant harassment and feeling disheartened, respondent No. 2 and her family left London on 20.07.2023. A few days after the meeting on 01.08.2023, the nephew of the petitioner sent the divorce notice to respondent No. 2. The respondent No. 2 has admitted issuance of final order of divorce.

4. Mr. Sachin Gupta, learned counsel for the petitioner has submitted that the false and frivolous FIR has been registered against the petitioner just because the petitioner has been nominated for the purpose of handing over the jewelry to respondent No. 2 but the jewelry articles are not in the custody of the petitioner, which is admitted by the respondent No. 2.

5. Per contra, Mr. Pranav Kohli, learned Senior Counsel for the respondent No. 2 has argued that the petitioner had participated in the reconciliation meetings on different occasions and played a pivotal role to ensure that IVF treatment is not continued and divorce between the respondent No. 2 and her husband takes places. He has placed reliance upon the e-mail, whereby the petitioner has been nominated by the other accused persons for exchange of jewelry to respondent No. 2. He has further stated that the investigation is still at its initial stage, and as such, no interference is warranted at all.

6. Mr. Pawan Dev Singh, learned Dy. AG submitted that the matter is under investigation and after the investigation, the final report shall be filed.

7. Heard learned counsel for the parties and perused the record.

8. The contents of the application submitted by respondent No. 2 pursuant to which FIR impugned has been registered, are extracted as under:

“I Prerna Gupta would like to bring to your attention the following incidents and seek appropriate legal action against the accused individuals for their deceitful and criminal activities:

I got married to Kunwar Sood on 1st November 2019 in Jammu after a registered marriage in Edinburgh, UK, on 5th August 2019. Our wedding was also featured on the Netflix series “The Big Day.” However, the bliss of marriage soon turned into a nightmare due to the fraudulent and malicious actions of Kunwar Sood, his father Rajiv Sood, and mother Neelam Sood.

Throughout the course of my marriage to Kunwar Sood, I have endured a relentless onslaught of deceit, manipulation, and emotional abuse at the hands of him and his family, Rajiv Sood and Neelam Sood. Their actions have left an indelible mark on my psyche, plunging me into a state of profound despair and seeking solace and justice through the legal system.

The seeds of deception were sown early in our relationship, with Kunwar’s family fabricating elaborate falsehoods to bolster their social standing and manipulate our circumstances to their advantage. Neelam Sood, in particular, portrayed herself as a medical professional in the UK, despite lacking the requisite qualifications and registration. Kunwar Sood portrayed himself as a successful stockbroker, despite lacking any income or success in that field. This deceit not only shattered my trust but also had far-reaching consequences for our marriage and my well-being.

One of the most egregious examples of this deception was evident in our marriage registration process. Kunwar’s family insisted on registering our marriage in the UK, ostensibly to expedite visa processes and ensure legal security. However, the true motive behind this insistence soon became clear – it was a calculated maneuver to manipulate the legal system for their benefit, enabling a swift divorce if deemed necessary. By sidestepping the registration of our marriage in India, they effectively deprived me of the opportunity to formalize our union in my home country, where we solemnized our Hindu marriage in Jammu.

Throughout our relationship and before our marriage, Kunwar Sood deceitfully portrayed himself as a successful stockbroker, boasting of substantial financial independence and stability. However, this image was a complete fabrication. In reality, Kunwar was not earning at all and was entirely dependent on his parents for his financial needs in the form of monthly pocket money. This deliberate misrepresentation of his career and financial status was a significant deception that misled me and my family, severely impacting the trust and foundation of our marriage. Neelam Sood is a greedy woman and since 2019 she constantly abused me and my family. She complained about the gifts we gave her. She never missed a single opportunity to insult my parents, and I had to always endure this harassment she continuously threw at me.

Financial exploitation was another hallmark of our marriage, with Kunwar’s chronic unemployment and reliance on parental handouts starkly contrasting with his claims of financial independence. While Kunwar projected an image of entrepreneurship and ambition, the reality was far from it. Throughout our marriage, I diligently managed my personal expenses and extended financial support to Kunwar, often at great personal expense. Notably, I provided substantial loans totaling £18,000 to cover his personal debts and expenses, further exacerbating my financial burden. Additionally, I facilitated significant cash gifts and transfers, including a substantial transfer of 1.5 crore from my father for investment purposes, at Kunwar’s behest. However, as I began to sense something amiss and observed Kunwar and his parents’ increasingly erratic behavior, I refused to hand over the money to him, leading to a deterioration in our relationship.

Despite my efforts to support Kunwar financially, I was exploited by him for personal expenses, including clearing his credit card bills amounting to £18000. His refusal to contribute financially and his manipulation of my funds led to severe financial strain on my part.

Money Transferred and Cash Handed to Kunwar Sood:

• 20 March 2022-£6000 (agreed to pay interest 150%- WhatsApp)
• 8 June 2022 – £5000
• 12 December 2022 – £2100 (Virgin Miles)
• 24 April 2023 – £5000 (no personal expense as I was in India)
• April 2019 – £5100
• August 2019 – 1 lac INR on India arrival
• September 2019 – £1000 on departure from India
• January 2020 – £1100 (Lohri)
• August 2020 – £1100 for birthday (iPad)
• September 2021 – £2100 on India arrival
• August 2022 – £1100 for birthday
• Approximately 50 Gold Coins

Wedding Expense Unpaid by the Soods:

5 day expense: Rs 26 lakhs (approx.)

The extent of Neelam Sood’s interference in my life became glaringly evident during my struggle with infertility. Despite lacking the necessary qualifications or registration with the UK law, Neelam Sood took it upon herself to administer medication, disregarding medical ethics and compromising my health. Her unchecked actions not only exacerbated my physical and emotional anguish but also underscored the extent of her disregard for my well-being.

In an attempt of family planning in 2022 I was made to undergo numerous medical tests regarding my fertility but they did not agree to get the 40 year old Kunwar Sood tested even once and blamed me for being unable to conceive. In a distressing turn of events, despite my consultation with a private IVF doctor in London and my preference to undergo treatment there, my in-laws made the unilateral decision to send me to India for IVF treatment, disregarding my reservations and concerns. Dr. Meenakshi Dua at Delhi ART Fertility Clinic in Gurgaon was my doctor for the IVF treatment. Neelam Sood, being an ex IVFdoctor was constantly interfering in my treatment, giving wrong and outdated suggestions to Dr Dua. Dr Dua refused to follow her instructions as Neelam Sood had not practiced IVF in over 12 years and proceeded to follow her own protocol. Neelam Sood held a massive resentment towards her and started harassing me for it. This decision, compounded by Kunwar’s subsequent withdrawal of consent for the treatment, plunged me into a state of profound despair. Despite my best efforts to pursue treatment at Delhi ART Fertility Clinic in Gurgaon under the care of Dr. Meenakshi Dua, Kunwar’s abrupt withdrawal of consent effectively halted the entire process, leaving me devastated and emotionally shattered. Mr. Kunwar Sood had initially given written consent for two cycles of IVF in the month of March 2023 and May 2023, with all expenses, amounting to approximately 10-12 lakhs, borne solely by me. During this treatment, which spanned about four months, I had to endure the insertion of 40 hormonal injections into my stomach, causing significant physical and emotional trauma. I was physically distressed and was left mentally bruised from the rigorous process. Shockingly, one week before the insemination of the fertilized eggs, on 17th May 2023 Kunwar, without informing me, wrote an email directly to the doctor, withdrawing his consent to go ahead with my pregnancy. This last-minute withdrawal left me helpless and resulted in a significant wastage of eggs and exacerbated my distress. The emotional and physical harassment I endured due to Kunwar’s actions was immense, highlighting the severe psychological and physical toll this ordeal has taken on me. Neelam Sood herself being an ex IVF doctor did not counsel Kunwar Sood about the process and the ordeal I had to go through during the treatment. Rather she instigated and gave full support to Kunwar Sood to take such drastic step and gave me no prior information.

Before the revocation of my IVF treatment, on 2nd week of May 2023 my parents went to Delhi to attend a wedding where Mr Pappu Wasan was also present. MrPappuWasan was person, who introduced us to the Sood family and was a close aide to the Sood family. Neelam Sood was well aware of the reason of my India trip to undergo a fertility treatment. Yet to make a mockery of me, she persuaded Mr Pappu Wasan to question my parents, the reason for me being in India for 4months. My parents refused to disclose the personal information and instead my father expressed his worry about Kunwar Sood’s financial situation as we were planning a pregnancy. The Sood family realized all their lies were exposed and they started harassing me by adding lies to the conversation such as blaming my parents for disclosing about my medical treatment to Mr Pappu Wasan which was clarified by the Wasans as a false allegation towards my parents. I was undergoing my IVF treatment at that time and I was unable to cope up with the abuse, taunts, humiliation and harassment I was being put through.

Immediately after theinsensitive and traumatic IVF cancellation, 10 days later on 28th May 2023, I launched a website for my newly incorporated business in an effort and attempt to establish a career of my own. This did not go well with Kunwar and his parents as neither he nor his mother were working professionals. In a sudden and inexplicable turn of events, from 29th/30th May 2023, the Sood family abruptly ceased all forms of communication with my family, offering no explanation or justification for their actions. All our calls and messages were unanswered. This unexpected abandonment by Kunwar and his family only compounded my distress, leaving me and my family in a state of confusion and emotional turmoil.

We kept texting and calling them, but there was no response, which constrained us to contact MrPappuWasan from Mumbai.. He was asked to pass us a messageadvising against sending me to the UK then. In the second week of July, Pappu Wasan informed us that the boy’s parents, along with his uncle Sumesh Chadha and maternal aunt Geeta Chadha, ordered a meeting in London. We travelled to London on July 11, 2023, and the meeting took place the following day. Representing the boy’s side were Rajiv Sood, Neelam Sood, Kunwar Sood, Pappu Wasan from Mumbai, accompanied by his wife Mrs Bala, as well as the maternal uncle Sumesh Chadha, maternal aunt Geeta Chadha, and their maid Rimpy. On our side, my father, Mr. C.P Gupta, my mother, Aradhana Gupta, along with my brother, Pranav Gupta, and myself, Prerna Gupta, were present. However, instead of seeking resolution, the meeting turned into a harassment session. They levied false allegations against me, pushing the accusations to extreme levels. The harassment and abuse went on for more than 3 hours and we were not allowed to give any explanation or call out the false allegations. My medical condition was openly discussed and questioned about by his maternal uncle and I was humiliated.

Following that, for the ensuing ten days, all communication from their end ceased entirely, leaving us enveloped in a cloud of uncertainty. The decision to finish the marriage was already taken from their side since the month of May 2023 as they had made all the changes to company directorship and other financial changes since the month of June and July. They had called us to London under false pretense of resolution and reconciliation for one meeting where they could throw all false allegations on us and then did not bother to discuss matters any further. Despite our earnest attempts at reconciliation, they remained steadfast in their stance, refusing to accept my return and even declining to meet with my parents. The only response we received from Kunwar Sood was a terse statement: ‘I need some time’. After staying in London for 10 days, confronted with this deadlock and seeing no signs of progress, we felt compelled to return to India on 22nd July 2023.

Then, precisely one week later, on August 1st, 2023, again after no communication since our stay in London, he served me with a divorce notice from the court. I was shocked by such a huge deception and thought of ending my life, because for 3 years I had endured all the harassment and torture his family inflicted on me, whereas I only continued to support him as a wife during his hardships. But he and his family did not communicate with us even once when they decided to take such a big step that had turned my entire world upside down and left an everlasting impact on my future. Subsequently, on September 1st, I received an email from the Immigration Department, informing me of the cancellation of my Spouse Visa.

I returned to the UK on September 18th 2023 to retrieve my belongings, staying until October 15th, 2023. Since attempts to communicate with them proved futile, I reached out to our mutual friends and relatives and my brother Pranav, who came to London to support me, also messaged his father Rajiv Sood as well, in a bid to retrieve my belongings, albeit to no avail. Upon returning to India, two days later, on October 17th, Kunwar’s lawyer contacted me, instructing me to collect my belongings from a storage warehouse, which in fact they might have fiddled with and also gave false commitment that all my jewelry(which is still in their possession) would brought to India and exchanged later on, and now they are again demanding me to come to UK to collect the same thus continuing their harassment. I have made numerous attempts to get all my valuables and jewelry retrieved, which is still in their possession without my consent but they continue to disregard my attempts and harass me for it.

While conversing with our mutual friends, I was disheartened to learn that Kunwar and his family had been actively tarnishing my reputation and engaging in character assassination. False allegations circulated, including claims that I practiced witchcraft and misrepresented my intentions, such as initially pretending he was trying to contact me, then claiming he was unaware of my treatment and when confronted by my friends, he then purportedly using IVF treatments as a guise for my personal vacations and falsely claiming his mother to be a practicing IVF doctor in London. Such baseless accusations only added to the distress of an already difficult situation and it shattered me world as I had always supported him as a wife and had put my faith in him and had put myself through such a painful treatment only to have a child.

Kunwar Sood had been married before in his life and in that marriage he also had a daughter but then later got divorced from his first wife who was from Amritsar. We reached out to speak to his previous in-laws. We were shocked to hear that they had faced same harassment and deception. We were made aware of how they had treated the first wife resulting in a failure of the 1st marriage as well. We received a copy of the FIR lodged against them in the past, resulting to which Kunwar Sood was detained at the New Delhi Airport on arrival. It became evident, that coming to India and trapping innocent families for their own financial benefit under false presence is their Modus Operandi.

In recounting the harrowing experiences endured during my marriage to Kunwar Sood, it becomes abundantly clear that the depths of deceit, manipulation, and emotional abuse are staggering. On many occasions I suffered physical abuse inflicted by Kunwar Sood and his mother Neelam Sood such as throwing boiling water on me and dragging me across the floor whilst digging her nails into my arm. From the calculated deception surrounding our marriage registration to the financial exploitation and medical malpractice perpetrated by Kunwar Sood and his family, every aspect of our relationship has been tainted by their egregious actions. As I navigate the arduous journey toward healing and seeking justice, I am resolute in my pursuit of truth and accountability, determined to shed light on the injustices inflicted upon me and countless others in similar situations.

In light of the above circumstances, I request you to kindly register an FIR against Kunwar Sood, Rajiv Sood,Neelam Sood and Sumesh Chadha under sections related to cheating, fraud, criminal breach of trust, and relevant provisions of the law. Their calculated and criminal actions have caused me significant harm and require immediate legal intervention.

Also I am deeply troubled by the realization that Kunwar has completely turned against me. He has been sending threatening letters to my cousin in Manchester, who is an Orthopedic doctor, blaming him for disclosing to us, his mother’s non registration as an authorised doctor in London (which is a criminal act) and blaming him for the failure of a marriage. He has blamed my brother for breaching medical ethics and threatened to report him to the medical governing body of UK. In UK a doctor’s credentials are a publicly available document on the NHS website and anyone has an access to it. Given this betrayal of trust and erratic and senseless behavior, I harbor serious concerns that, during our time together as husband and wife, he may have in his possession some private photographs/videos of me. This alarming possibility fills me with apprehension, as he has previously threatened to misuse such images to tarnish my reputation.

Rajiv Sood, Neelam Sood and Kunwar Sood arrogantly use their British Nationality and OCI cards as a shield to commit such heinous crimes, and have proudly claimed multiple times that they can’t be held accountable in the court of law for such crimes. They have undermined the Indian Judiciary and law and become habitual offenders and will continue to do so in future as well destroying lives for innocent women from India. The detailed accounts of the incidents, including relevant evidence such as bank statements, medical reports, communication records, and proof of financial transactions, to support my case, are in my possession.

I have also registered a complaint against them in the National Commission for Woman and the High Commission of India in London. I will also be registering a complaint with the Governing Medical Council of UK against Dr Rajiv Sood for malpractice and medical negligence towards me.

I urge the authorities to investigate this matter thoroughly and take necessary legal action against the accused individuals to ensure justice is served. I trust in the impartiality and integrity of the police force and seek your assistance in obtaining justice for the injustices I have faced.”

9. A perusal of the contents of the application as extracted above would reveal that all the allegations have been levelled primarily against Kunwar Sood i.e. husband of respondent No. 2 and his parents. The petitioner comes into the picture only in the first week of July 2023 i.e. after the relations between respondent No. 2 and her husband had turned bad to worse, when he participated in the reconciliation meetings. In the meeting that took place on 11.07.2023, no specific allegation has been levelled against the petitioner. In fact, there is no allegation against the petitioner in the application and all the allegations have been leveled against the husband of respondent No. 2 and his parents.

10. It appears that the petitioner has been arrayed as an accused only because he was nominated by the other accused persons for handing over of the jewelry/articles of respondent No. 2, which are lying with the husband of respondent No. 2 and her family members in UK as claimed by respondent No. 2. Respondent No. 2 cannot array the petitioner as an accused in the FIR merely because he was nominated by the other accused persons for handing over of the articles lying in UK to her in India. The petitioner admittedly is a resident of Ludhiana and as per own assertion of the respondent No. 2, he participated in the meeting that took place in July, 2023. There is no reference to the petitioner in the impugned FIR anywhere, except in the meeting that took place in July, 2023 in United Kingdom. In the facts and circumstances of the case, the continuance of the investigation against the petitioner shall be nothing but an abuse of process of law, particularly when no allegations against the petitioner in respect of commission of offences under section 498-A and 420 IPC, have been leveled. Even in her statement recorded during investigation, there are no specific allegations against the petitioner except in respect of participation in the meetings held in UK for reconciliation. It is evident that the petitioner has been arrayed as accused only to pressurize him to persuade his sister, nephew and brother-in-law to hand over the jewelry/articles to the complainant/ respondent N.2. This is also admitted fact that marriage between the respondent No.2 and Kunwar Sood stands already dissolved.

11. The Hon’ble Supreme Court of India time and again in its numerous decisions has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC. In this context, it will be apt to take note of the latest judgment of the Hon’ble Supreme Court of India in “Payal Sharma vs. State of Punjab and

Anr.”, 2024 INSC 896, wherein in paragraphs 17 &20, it has been held as under:

“17. A bare perusal of the FIR would reveal that such allegations against the accused No.5 and 6 are general and omnibus in nature and that apart they are nothing but exaggerated versions invariably suggesting over implication of accused No.5 and 6.”

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“20. The decisions referred above on the subject of exercise of power under Section 482, Cr.P.C., would undoubtedly cast a duty on the Courts to consider the contentions that there is lack of specific allegations against the accused concerned to constitute the offence(s) alleged against a relative or that the implication was nothing but an over implication to pressurise the family of the husband to yield to the demands. The Courts cannot refrain from discharging the obligation to consider such contentions. It appears that in the case on hand despite raising of specific contentions which require deeper consideration, may be taking note of the submissions made on behalf of the complainant that the challan was presented and the matter stood listed for framing charges and hence, it would be open to accused No.5 to raise all plea at the time of framing of the charges, the Court refrained itself from considering the contentions raised against accused No.5.” (emphasis added)

12. In view of what has been said and discussed hereinabove, this Court is of the considered view that continuation of the investigation in the impugned FIR qua the petitioner shall be nothing but an abuse of process of law. Accordingly, FIR No. 0112/2024 under Sections 498-A & 420 IPC registered with Police Station, Gandhi Nagar, Jammu qua the petitioner is quashed.

13. Case diary be returned to be learned Dy. AG. (R

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