LAWS(P&H)-2012-1-348

SANDEEP WADHWA Vs. STATE OF PUNJAB AND ANOTHER

Decided On January 17, 2012
Sandeep Wadhwa Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) The matrix of the facts, culminating in the commencement, relevant for disposal of the present petition and emanating from the record is that, the marriage of petitioner-Sandeep Wadhwa was solemnised with complainantrespondent No.2-Priti Bala(for brevity "the complainant") on 02.09.2004 according to the Hindu Rites and Ceremonies, at Kings Hotel, Jalandhar. It was the second marriage of the parties. The father of the complainant was stated to have given sufficient dowry articles according to his capacity, at the time of marriage including the Indica Car. The petitioner and his father were not satisfied with the dowry articles. The complainant claimed that they used to beat and treat her with cruelty, in connection with and on account of demand of dowry under the influence of liquor. The father of the complainant could not fulfill the demand of dowry of the petitioner and his father. Ultimately, they turned the complainant out of her matrimonial home.

(2.) Levelling a variety of allegations and narrating the sequence of events, in all, according to the complainant(wife) that, the petitioner and his father has treated her with cruelty in connection with and on account of demand of dowry. On the basis of aforesaid allegations, the present case was registered against the petitioner-accused vide FIR No.93 dated 17.07.2010(Annexure P-11), on accusation of having committed the offence punishable under Sections 406 and 498-A IPC, by the police of Police Station Goraya, District Jalandhar, in the manner described hereinabove.

(3.) The petitioner did not feel satisfied with the lodging of the criminal case and preferred the present petition, challenging the impugned FIR(Annexure P-11) and all subsequent proceedings arising therefrom pending in the court of the Judicial Magistrate Ist Class, Phillaur, invoking the provisions of Section 482 Cr.P.C.