High Court of Punjab and HaryanaCRM-M/38982/2013dismissed

Sarabjit Kaur And ANR. v. State Of Punjab And ANR.

2016-12-05Mrs. Justice Raj Rahul Garg3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 05.12.2016 Sarabjit Kaur and another ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Navdeep, Advocate, for the petitioners.

Mr. APS Gill, AAG, Punjab.

Mr. Gurmeet Gill, Advocate, for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.121 dated 07.12.2012, under Sections 498-A and 406 IPC, registered at Police Station Bilga, District Jalandhar City, Punjab. Brief facts of the case are that the marriage between Sukhraj Kaur (daughter of the complainant) with Sukhdev Singh i.e. brother of the petitioners was solemnized on 27.06.2001, according to Sikh Rites & Customs. The details of the dowry articles have been given in the FIR. Two children were born out from the said marriage. The complainant's daughter

-2was given beatings by the accused on account of demand of dowry. Her daughter was granted maintenance allowance of `3,000/- per month by the Court of Phillaur, District Jalandhar and no payment has been made so far. Thereafter, the accused persons had started giving threats to complainant and her daughter to withdraw the case against them. Consequently, the present FIR was registered against the petitioners. On notice, reply has been filed by DSP, Sub Division Nakodar, District Jalandhar, stating therein that as per enquiry report (Annexure R1/T) it has been found that Sukhdev Singh (husband of daughter of the complainant) has got solemnized the second marriage with one Manjinder Kaur on 14.09.2012 in the presence of family members including the present petitioners.

When Manjinder Kaur came to know about this fact, she got registered an FIR No.85 dated 19.09.2012, under Sections 376, 420, 494 and 120-B IPC at Police Station Chabbewal, District Hoshiarpur, in which, the petitioners have been named as accused. Perusal of the enquiry report shows that the above-said FIR had been quashed on the basis of compromise. Sukhdev Singh, brother of petitioners, had gone to abroad and subsequently, he has been declared as proclaimed offender on 04.12.2013. In additional affidavit dated 15.09.2014, filed by DSP, SubDivision Nakodar, District Jalandhar, it has been clarified that marriage of petitioner No.2, namely, Amandeep Kaur, was solemnized on 30.08.2009 whereas marriage of daughter of complainant, namely, Sukhraj Kaur, was solemnized on 27.06.2001, thus she (petitioner No.

2) remained eight years at her parental house after the marriage of daughter of the complainant and was continuously harassing and demanding dowry from daughter of the complainant.

-3After hearing the learned counsel for the parties, going through the record and after deep consideration of the entire matter, as no ground for quashing the impugned FIR (Annexure P-1), at this stage, is made out, therefore, the present petition is hereby dismissed. December 05, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No