MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner by way of instant petition under Section 482 of the Code of Criminal Procedure seeks to have FIR No. 33 dated 26.3.2014 under Section 498A IPC registered at Police Station Guraya, Jalandhar, and all subsequent proceedings arising thereform quashed.

(2.) In brief, the facts are that brother of the petitioner solemnized marriage with respondent No.4, namely Reena Kumari in the year 2005, out of which wedlock a male child was born. In the year 2014, the complainant got registered the aforesaid FIR alleging that her husband had gone to Greece and for the past three years has been living there. After having left, he did not give her any expenses with a result all her expenses had been met by her parents. In the said FIR, there are also allegations that the accused, namely, Shinder Pal (husband), Manjit Kaur (sister-in-law, petitioner herein), Gagandeep Gona, Kamaljit Kaur, Rachna, Surinder Kaur (sister-in-law), Rakesh Kumar, Ashwani, Rahul, Ajay sons of Satpal, Dharampal and Rajpal, had been harassing the complainant immediately after her marriage, while submitting that she wanted to reside with her husband in her matrimonial home. Pursuant to the said FIR, the matter was investigated and it was recommended that a case be registered under Section 498-A against Shinder Pal (husband), Manjit Kaur and Surender Kaur (sisters-in-law). Aggrieved against the registration of the FIR, the instant petition has been filed by Manjit Kaur-petitioner.

(3.) Learned counsel appearing on behalf of the petitioner argues that the FIR is nothing but a sheer abuse of process of law and a reading of the same would show that the allegations made therein are vague without disclosing the true and correct facts. It is submitted that the petitioner was married 34 years ago and was living with her husband in Greece and, therefore, there was no occasion for her to interfere in the daily matrimonial life or to raise a demand of dowry and therefore, prays for quashing of the FIR instituted against her.