KRISHNA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) First Information Report 122 dated 16.4.1986 was registered at Police Station Ferozepore, on the basis of an application moved by Smt Nirmal Kunta, respondent No.2. After investigation, the challan has been put in the Court The Chief Judicial Magistrate framed charges for offences U/s 494 read with Section 34, LP.C., 498-A, 506 and 406, Indian Penal Code against the present petitioners who are closerelatives of Baljit Kumar, husband of respondent No. 2. In the present criminal miscellaneous brought U/s 432 of the Code of Criminal Procedure, the petitioners pray for quashing of the F.LR. as well as the charges.

(2.) Respondent No.2 moved an application to the Senior Superintendent of Police for registration of a case against her husband and his relations (the present petitioners). She stated in the application that her marriage was performed with Baljit Kumar on 16.4.1986, by her mother, her father having died earlier. Soon after the marriage, her husband started teasing her on the pretext that people give scooter, colour TV etc. in marriages, while no such articles had been given to her. Her husband and his relations started making remarks that they would perform second marriage. She was given repeated beatings and every time, the matter was to the Police, but was hushed up. On one day, Kerosene was sprinkled on her in order to burn her. The matter was a gain reported to the police. She kept mum due to helplessness and poverty of her mother. She had then learnt that her husband had developed illicit relations with a notorious and bad woman, named Madhu, whom he was keeping at Ludhiana. Baljit Kumar had been taking Madhu on Railway passes, which had been got issued ill the name of respondent No.2 and Smt Madhu had since given birth to a child at Panipat from his relationship. The petitioners had a hand, in the keeping of Smt. Madhu by Baljit Kumar. Her husband had given her beating and turned her out of his house. She had got herself medically examined to that effect She requested that a case be registered against these persons for demanding dowry and for trying to burn her by sprinkling kerosene; by solomnising second marriage of the respondent-husband with Smt. Madhu and giving birth to an illegitimate child.

(3.) The allegations made in the complaint are, thus, against Baljit Kumar, husband of respondent No.2 in developing illicit relations with Smt Madhu; keeping her as a wife who had given birth to a child; his giving beating to her and turning her out of his house. So far as the petitioners are concerned, the allegation is that they had a hand in the matter of Baljit Kumar keeping another woman. There is some vague allegation of previous occurrence that they had sprinkled Kerosene on her in an attempt to bum her.