JASWINDER KAUR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) This petition under Section 438 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") has been filed by Jaswinder Kaur and Satwinder Kaur alias Lovely, petitioners, for directing the Arresting Officer to release them on bail in the event of their arrest in FIR No. 107 dated 23.8.2011 registered under Section 306 read with Section 34 of the Indian Penal Code in Police Station, Dasuya, District, Hoshiarpur.

(3.) It has been contended in the petition that Avtar Singh son of Jaswinder Kaur-petitioner No. 1 and brother of the husband of Satwinder Kaur @ Lovely, petitioner No. 2 was married to Anita Kumari-deceased, who died on 21.11.2010. No allegation was made against them in the first version given by the complainant in the FIR registered on 23.8.2011 and he came out with a version against them on 8.12.2010, when he gave written application to the Senior Superintendent of Police, Hoshiarpur (Annexure P-3). An enquiry was marked to the Women Cell, where a compromise was entered into between the parties and the complainant agreed to receive ' 1,60,000/- in lieu of dowry articles. That amount was duly paid to him against a written receipt. No such abetment is made out from the FIR or the application (Annexure P-3) on the basis of which it may be said that offence under Section 306 IPC is made out against the petitioners.