LAWS(P&H)-2012-12-274

DEEPAK BANSAL Vs. STATE OF PUNJAB AND ANOTHER

Decided On December 07, 2012
Deepak Bansal Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners have sought quashing of FIR No.8 dated 31.1.2011 (Annexure P-7) registered at Police Station Daba Ludhiana under Sections 406, 498-A of the Indian Penal Code, 1860, and all the subsequent proceedings arising therefrom.

(2.) Prosecution story, in brief, is that complainant Poornima Deep was married to Balwinder Singh on 7.10.2005. However, after few days of her marriage, she came to know that her husband was a drunkard. In June 2006, her sister-in-laws had come to the in-laws house of the complainant. Complainant was shocked to find opium in the pocket of her husband. Complainant informed the said matter to her parents and on this account, the sisters-in-law of the complainant slapped her. After few days of her marriage, husband of the complainant had taken away all her ornaments on the pretext that he wanted to start some business. However, later on, complainant came to know that her husband wanted to go abroad. Thereafter, husband of the complainant left for England. On 7.1.2006, a daughter was born to the complainant. At that time also, huge amount was spent by the parents of the complainant. The complainant had been harassed by the petitioners and was thrown out of the matrimonial home after giving beatings to her.

(3.) Learned counsel for the petitioners has submitted that the petitioners had been falsely involved in this case. In fact, the husband of the complainant had been regularly sending money to her from England. The FIR was duly inquired by the Investigating Agency and during investigation, it transpired that the allegations levelled in the FIR were false. A recommendation was made by the inquiry officer that cancellation report be submitted. However, despite the said fact, challan had been presented in this case.