SURINDER SINGH Vs. KAWAL PREET KAUR

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the impugned order dated 05.7.2010 and the entire proceedings in Criminal Case No.1606 of 2010, State Vs. Surinder Singh Chawla, U/s 498-A/504 IPC, pending before JM (CBI) Dehradun.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that respondent no.1 lodged an FIR on 25.3.2010 with the averments that she was married with Amarpreet Singh (son of petitioner) on 25.12.2007 as per Sikh rituals and in the said marriage, her father and brother gave dowry beyond status as per the demand of her in-laws and about Rs.10.00 lacs were spent in the marriage and besides other articles were also given. For some time she stayed with her husband at Delhi and later she went to Australia along with her husband and brother in law (Jeth) and sister in law (Jethani). In Australia she kept under locks for three months by the brother in law and sister in law where her husband and her brother in law and sister in law used to demand dowry from her and also used to maltreat her. It was also stated that for some time after marriage, everything was normal but after that the behaviour of her in-laws got suddenly changed and even her husband was came out to be a cruel person who used to hurl abuses to her and also commit cruelty upon her in which her in-laws also used to support her husband. Her mother in law Smt. Preetpal Kaur Chawla used to taunt her for bringing lesser dowry and whenever she resisted to it, she was subjected to cruelty. On 22.2.2009 her husband forcefully dragged her out from room and asked her to get the pregnancy test. It was also stated that on 23.2.2009, her husband sent her back to India along with her brother in law and sister in law and even her ornaments and valuables were kept there in Australia and the money earned by her in Australia was also kept by her husband. After reaching India when she contracted to her father in law and mother in law, they intentionally insulted her and directed her to make arrangements at her own. On 24.2.2009, when the complainant's parents came at her in-laws house, they refused to keep the complainant at her house. It was stated that her in-laws have committed extreme cruelty and inhuman behaviour was committed with her. Her articles given in dowry and her Stridhan was also kept by her in- laws. With the same averments the FIR was lodged. After that the matter was investigated and the I.O. recorded the statements of witnesses and after completing the investigation, the I.O. filed the charge sheet against the petitioner and co-accused u/s 498-A/504 IPC on the basis of which the learned J.M. (CBI) Dehradun vide order dated 5.7.2010 took cognizance and summoned the petitioner u/s 498-A/504 IPC. Hence this petition.