GURBACHAN SINGH Vs. STATE

JUDGEMENT

(1.) This petition has been moved under Section 482 Cr.P.C. for quashing the order dated 11.1.95 passed by the Metropolitan Magistrate in the proceedings relating to FIR 481 /92, PS Hari Nagar u/Sec. 498A/406/34 IPC.

(2.) On perusal of the impugned order it transpires that the case against the petitioner was under Sections 498A and 406 IPC. But the petitioner Gurbachan Singh and one Pritam Kaur have been charged under Section 406 Indian Penal Code and have been discharged for offences under Section 498A.

(3.) The complainant is daughter-in-law of the petitioner. The facts in brief appear to be that the complainant was married to B.S. Kohli who died in the night of 22/23.6.1992. The complainant had two children from him, one daughter and one son. The marriage had taken place on 22.11.81. It appears that the complainant left the company of her husband in the year 1990 and came to live with her parents. The husband and the children continued to stay with the petitioner (father-in-law of the complainant). It appears that after the death of the complainant's husband she moved a petition for custody of her children on 5.8.92. The aforesaid FIR was lodged by her on 2.9.92.