VINAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PROMILLA Kumari, resident of Spattu Road, Ambala City was married to Vinod Kumar son of Des Raj Bali, resident of Chandigarh on 21-1-1983. There were allegations of harassment on account of alleged insufficiency of dowry and a complaint was instituted by Promilla Kumari in the Court of Chief Judicial Magistrate, Ambala and it was made over to the S. H. O. Police-Station, Ambala City for enquiry and ultimately FIR No. 78 was registered on 23-2-1987 for offences under Sections 406 and 498-A of the Indian Penal Code. By now the case has been investigated and it has been pointed out that challan has also been presented in the appropriate Court.

(2.) VINAY Kumar co-accused a brother of the husband has moved the present petition for quashing the FIR on the plea that the contents of the complaint did not justify registration of the case and that there had been vexatious delay in launching the proposed prosecution and that it is also barred under Section 468 of the Code of Criminal Procedure. The learned counsel for the petitioner has further stressed that there was no justification for launching prosecution or registration of the case and that the proceedings should be quashed.

(3.) DURING the course of arguments it has transpired that the registration of this FIR No. 78 of 1987 of Police-Station Ambala Ctty was also challenged by Vinod Kumar, the husband, and the aforesaid revision was dismissed in Crl. Misc. No. 8639-M of 1987 on 5-8-1988. Another petition moved by Des Raj Bali father-in-law, being Crl. Misc. No. 2905-M of 1989 was also dismissed on 31-7-1989.