ANJALI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner by filing the present petition under Section 482 of the Code of Criminal Procedure (in short, 'the Code') prays for quashing of FIR No. 328 dated 25.10.2011 under Sections 498-A, 506, 34 of Indian Penal Code (Section 406 added later), registered at Police Station Mujessar, District Faribabad, Haryana (Annexure P1) and proceedings emanating therefrom.

(2.) Counsel for the petitioner contends that the petitioner is the married sister-in-law of complainant Geeta (respondent No. 2 herein) and she has no concern with the matrimonial life of her brother Amit Kumar as she was married before the marriage of respondent No. 2 with her brother.

(3.) The petitioner is leading a peaceful and happy married life in her matrimonial home along with her husband and she had no occasion or reason to interfere in the matrimonial life of respondent No.2. It is further submitted that prior to lodging of FIR, respondent No. 2 submitted a complaint dated 02.08.2010 (Annexure P3) for action against Amit Kaur and others, but in the said complaint, she has not levelled any allegations against the petitioner either in regard to entrustment or misappropriation of her articles of istridhan or the petitioner being a party to any harassment, mal-treatment much less cruelty to the complainant in connection with demand of dowry. It is further argued that the complainant implicated ten relatives of the husband, including maternal uncles of Amit Kumar by raising general and vague allegations with an intent to involve maximum number of family members and relatives of the husband with a view to wreak vengeance. It has been argued with vehemence that the allegations contained in the FIR do not attribute such role to the petitioner to constitute cruelty or any other offence, for which the proceedings have been initiated at the behest of the complainant (respondent herein). In support of his contention, he has referred to a recent judgment of Hon'ble the Supreme Court in Geeta Mehrotra and another v. State of U. P. and another, 2012 4 RCR(Cri) 812.