SURINDER KATIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Surinder Kaur, along with Smt. Rajinder Kaur and Smt. Rajwinder Kaur, has come to this Court in this criminal miscellaneous under section 482 of the Code of Criminal Procedure for quashing at the First Information Report No. 264 dated 2-9-90, Annexure P1, for offences under section 498-A/406 of the Indian Penal Code, registered at Police Station, Pehowa and consequential proceedings arising therefore.

(2.) THE impugned FIR was registered on the statement of Smt. Paramjit Kaur. The allegations made therein may be briefly narrated.

(3.) IN the impugned FIR, no specific allegation of entrustment of the dowry articles to any of the present petitioners has been made. It is also common knowledge that such like dowry articles are entrusted to the bridgegroom or his parents and his sisters have hardly any role to play. Vague allegations of maltreatment are given in the impugned FIR. It is only with respect to the incident of 12-4-1990 that specific allegation of giving her beating is mentioned. In a criminal miscellaneous for quashing of the FIR, all the allegations have to be considered and it is to be seen if some offence is made out on the basis thereof. In case the allegations are vague, frivolous and vexatious, or made with the intention of wreaking vengeance then, of course, the FIR has to be quashed. In the present case, no specific allegations have been made against Smt. Surinder Kaur and Smt. Rajinder Kaur and their names have been added for the reason that they happened to be the sisters of Dilbagh Singh who had unfortunately deserted Smt. Paramjit Kaur, his wife. A conclusion is to be drawn that the prosecution of these two petitioners is for an oblique motive. The continuation of the proceedings against them amounts to abuse of process of the Court.