RAJ KUMARI Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE Petitioner, Raj Kumari, who is the complainant in the case titled "State v. Prem Pal and others" arising out of FIR No. 454 dated 28.12.2006 registered under Sections 304 -B, 498 -A and 120 -B IPC, has filed the present petition under Section 407 read with Section 482 of the Code of Criminal Procedure for the transfer of that case from District Amritsar to District Ludhiana.

(2.) ACCORDING to her, her daughter, Anju @ Sakshi, who was married to Rakesh Kumar -Respondent No. 2, died on 20.4.2005 and before her death, she was being subjected to cruelty and harassment on the ground of demand of dowry by the said Respondent and Respondents No. 3 and 4, who are related to that Respondent. The police failed to take any action against those Respondents and as such, she approached this Court and it was only after order dated 28.3.2009 was passed in Criminal Misc. No. 13986 -M of 2006, that the police registered the above said FIR in Police Station, Civil Lines, Amritsar, against the said Respondents. Even after the registration of the FIR, the police was reluctant to take any action against them. So, she filed another petition before this Court in which a direction was issued for concluding the investigation within two months. It was only thereafter that the charge sheet was submitted against them in the Court of Additional Sessions Judge, Amritsar, and they were charged for the offences under Sections 304B/498 -A IPC. As a counter blast thereto, Respondent No. 2 filed petition under Section 25 of the Guardians and Wards Act, 1890, for the custody of the minor child; named, Chahat @ Nannu. The said Court failed to speed up the trial and the Respondents are pressurizing her to compromise the matter and to make a statement before the court for the quashing of the FIR. When she went to Amritsar to attend the Court the Respondents threatened her to kill her, in case, she did not compromise the matter with them. They can go to any extent to coerce her and to pressurize her for entering into such a compromise, as the local police of Amritsar is in hand and glove with those Respondents.

(3.) WHEN such is the position, there is no ground to transfer the case. The petition is dismissed accordingly.