ADARSH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by the petitioners under section 482 of the Code of Criminal Procedure, for quashing First Information Report No. 9 dated January 30, 1991, Police Station, Sarabha Nagar, District Ludhiana, under sections 406/498-A, IPC.

(2.) ADUMBRATED in brief, the facts giving rise to the filing of this Criminal Miscellaneous is that Anupam Sharma, daughter of Dev Raj Sharma, resident of 941, Durgapuri, Haibowal Kalan, Ludhiana, was married to Ashutosh Sharma, son of R. C. Dutta, resident of 142, Sector 10, Panchkula District Ambala, according to Hindu rites at Ludhiana, on Nov. 23/24, 1986.

(3.) IT is alleged in the petition that after living as husband and wife for about one month at Panchkula, Ashutosh Sharma who was stated to be employed at Zambia, went back to Zambia on December 16, 1986. It is mentioned in the petition that the parents of Ashutosh Sharma made a pre-condition that in case Anupam Sharma desired to visit Zambia she could only go if she brought Rs. 20,000/- from her parents. On this illegal demand having been accepted by the patents of applicant respondent No. 2, she was allowed to go to Zambia on March 18, 1987. The matter did not end there. In Zambia, the behaviour of Ashutosh Sharma remained rude, savage and cruel, at the instigation of Lalita Kapil, sister of Ashutosh, who was also living there. Then on February 23, 1988, Ashutosh along with the respondent-wife came back to India and lived at Panchkula and Ludhiana up to April, 1988. At Ludhiana also, the husband maltreated his wife in the presence of her maternal uncle Promod Madhra and brother Manish. It is alleged that Ashutosh Sharma again demanded dowry articles from his parents-in-law for taking Anupam Sharma along with him to Zambia. This time the parents of the applicant again obliged Ashutosh Sharma by providing one gold ring studded with yellow saphra of 16 Rattis worth Rs. 4,000/- and also some other articles, making it convenient for their daughter to live in Zambia with her husband peacefully. On that occasion, parents of Ashutosh Sharma too accompanied them to Zambia on April, 21, 1988. On account of this wedlock, Anupam Sharma gave birth to a female child but reduced her weight considerably due to their physical, mental and economical tortures.