RICHA SHARMA @ HAPPY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the FIR No. 229, dated 2.12.1998, under Sections 498-A, 406 and 506 IPC, registered at Police Station, Beas, district Amritsar.

(2.) THE petitioner is stated to be the un-married sister of the husband of the complainant. The birth certificate has been attached with this petition which shows that the petitioner was born on 20.2.1978. At the very outset, the impression given is that the petitioner has been residing throughout in Chandigarh. In support of this statement of fact, the petitioner has attached certificate, Annexure, P-2, issued by the Central Board of Secondary Education, Delhi, showing that she appeared in All India Senior School Certificate Examination i.e. 10+2, in the year 1995. This certificate shows that the petitioner appeared as a student of Government Girls Model Senior Secondary School, Sector 40, Chandigarh. It is also the case of the petitioner that the marriage between her brother and the complainant was solemnised on 24.7.1995. It is stated that the petitioner was studying at Chandigarh and was living alongwith her parents at Chandigarh. Her brother was posted in Shimla even before the marriage. After marriage, he took his wife away to Shimla. It is categorically stated in paragraph 5 of the petition that she has been studying and living at Chandigarh all the time. Paragraph 5 of the petition is reproduced hereunder for ready reference :-

(3.) CLEARLY , the petitioner has not come to Court with clean hands. She has managed to forestall the progress of the criminal proceedings not only against herself, but also against the other co-accused. Relying on the averments made in the petition, this Court had stayed the filing of the charge-sheet.