LAWS(P&H)-2011-5-293

SANTOSH JAKHAR Vs. STATE OF HARYANA AND ANR.

Decided On May 23, 2011
Santosh Jakhar Appellant
V/S
State of Haryana and Anr. Respondents

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 76 dated 13.02.2002 under Sections 498 -A/406 IPC registered at Police Station Civil Lines, Rohtak and all the subsequent proceedings arising thereto.

(2.) THE Petitioner is the married sister -in -law. She was married to Birjinder Singh in the year 1990. She has two young children aged about 11 years. The husband of the Petitioner, namely, Birjinder Singh, is working as an Executive in a private firm at Chanderpur (Maharashtra). The Petitioner, herself, is working as TGT (SS) in International Bharti School, Gohana Road, Rohtak. Since the year 1990 i.e. after her marriage, she has been residing at Rohtak, which is at a considerable distance from Hisar. Moreover, since her husband is working in Maharashtra, therefore, she has to look after her two young children and her ailing mother -in -law, namely, Krishna, who is aged about 62 years. The allegations against the Petitioner are vague. There is no allegation of entrustment or any demand of dowry. The Petitioner has been enrobed only because she is the sister of the husband of the complainant.

(3.) COMING back to the present case, the allegations against the Petitioner in the FIR do not invite the offence under Sections 498 -A/406 IPC. Moreover, she was married for the last 11 years prior to the marriage of the complainant. Admittedly, she is residing separately and is also working as a teacher. As such, there is no occasion or time for her to interfere in the matrimonial life of the Respondent -complainant.