SUDHIR KUMAR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) SUDHIR Kumar and others by the means of this criminal miscellaneous under Section 482, Cr.P.C. seek quashing of FIR-162 dated 24.9.90, registered at Police Station, Civil Lines, Ludhiana under Section 406/498A, IPC, the report under section 173, Cr.P.C. filed by the Police on it basis and the charges framed by the Addl. Chief Judicial Magistrate, Ludhiana. The impugned FIR was registered on the basis of statement made by Smt. Meenakshi Bala, complainant. She is the wife of Ranbir Singh alias Ranbir Kumar. Ram Dass petitioner-6 and Smt. Satyawati petitioner-2 are parents of Ranbir Singh. Sudhir Singh petitioner-1 is the brother of Ranbir Singh and Smt. Devyanti petitioner-3 is the wife of the former. Smt Kusum petitioner-4 and Smt Rekha petitioner 5 are the wives of the other brothers of Ranbir Singh. The FIR was registered on the averments that the complainant was married on 8.2.87 and her parents gave dowry to her husband Ranbir Singh and his father petitioner 6 beyond their means and statues. After giving details of the articles of dowry, the FIR continues to narrate the following allegations :-

(2.) THE petitioners assert that all the allegations contained in the FIR are false. Her father had tried his best to prevail upon her to continue to live a decent life with her husband, Ranbir Singh. The Complainant had left the house of her husband in the middle of 1990 and Ranbir Singh then lodged a report with Police Station Model Town, Ludhiana, informing the Police of her leaving the house after quarreling. She had left her two children behind and out of them, the younger one had died on 12.8.90 inspite of best medical aid. The complainant herself was of bad temperament and used to quarrel with Ranbir Singh on one pretext or the other. The petitioners had been making efforts to intervene and bring about reconciliation. At the time of marriage, no demand for dowry was made. Sudhir Kumar, petitioner 1 and Ram Dass petitioner 6 were living separately from Ranbir Singh who was living in house No. 103-A Model Town, while Satish Kumar was living in house No. 103-A Model Town Extension Ludhiana for which they had separate ration-card Anr P3 and 2 gas consumer cards Anr P4 and P5. At the time of getting her daughter Km Shilpa Garg admitted in Home and Heaven Nursery School, 573, Model Town, Ludhiana, the complainant had given her address as 49-L, Model Town Ludhiana. Copy of admission from is Annexure P6. It was signed by her as a parent or guardian and bears the date 5.3.90. The petitioners have also placed on record an affidavit of Girdhari Lal, father of the complainant Annexure P2, showing that the list of dowry articles given in the FIR was wrong and a false version had been put up to implicate the petitioners.

(3.) THE plea of the complainant that her father did not attend her marriage and ceremonies were performed by her brother, seems to be an after thought. In the FIR, a reference was made to her parents performing the marriage and giving dowry. Since her father has not reconciled to her act of deserting her matrimonial home and has filed an affidavit, giving facts about the marriage being simple, she has taken the stand that in fact, her father was a vegabond and drunkard who had deserted his family and even did not attend her marriage. There is force in the contention of learned counsel for the petitioners that relations of her brother with Ranbir Singh had become strained and that had complicated the matters. It is clear from the averments made in the reply by way of affidavit filed by her that there was some money dispute between her brother and her husband. She complained of non-payment of bills Annexures R3 and R4. She further complains that her brother had suffered a loss to keep his relations cordial. Annexure P7 is the statement made by her to the Police on 1.8.89, in some inquiry instituted by the Police on the basis of application of Yash Pal, her brother and it reads as follows :-