ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ASHOK Kumar, petitioner by means of this criminal miscellaneous under Section 482, Cr.PC seeks the quashing of the FIR No. 120 dt. 4.6.90 for offences under Section 304-B/498A, IPC and the subsequent proceedings taken thereunder.

(2.) ACCORDING to the allegations made in the FIR, which was registered on 4.6.90, at Police Station Dabwali, Smt. Sharda (deceased) was married to Anil Kumar on 10.4.98. She was given substantial dowry. The petitioner is his elder brother. After marriage, Anil Kumar and his relations (including the petitioner) felt annoyed with Smt. Sharda's father for not giving a Maruti car in dowry. When Smt. Sharda came to her parents house to attend the marriage and also to deliver a child, Anil Kumar and his other relations (other than the petitioner) had asked her to bring a car in Chhuchak in case of birth of a son. However, she gave birth to a daughter. When this fact was convened to Anil Kumar and others, they remarked that they should kill the daughter. Two days thereafter. Anil Kumar and Pappu took Sharda and the child to Kaluwana and killed the daughter without informing her father. Thereafter Smt. Sharda was again harassed for a Maruti car. She was beaten and also threatened that she would be killed. Whenever Sharda's father visited her, Anil Kumar, his parents and sister used to make remarks that if Smt. Sharda were to live Maruti car was given. Ashok Kumar, petitioner used be fell Sharda's father the till a Maruti car was given she was not to visit her parents' house. After the marriage of Maya (Anil Kumar's sister), her husband Sandeep also pressurised Sharda to being a car and they both used to harass her for a car. Sharda had died on 1.6.90 and the father received information about this fact on 3.6.90.