LOMASH RISHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure for quashing first information report Annexure P/1 registered against them and resultant investigation against them under section 406, 498-A and 506 IPC, the same being abuse of process of the Court.

(2.) THE brief facts of the case are that petitioner No. 1 was married to Smt. Sneh Lata in month of May, 1990. The relations between the husband and wife did not remain cordial and Sneh Lata lodged a report against the petitioners at police station Mohali, District Ropar on 6-12-1991 on the allegations that at the time of her marriage her father spent money according to his status but her in-laws who were greedy persons started maltreating her for not bringing refrigerator, scooter and T.V. etc. She was compelled to bring cash from her parents and was subjected to beating. Once her father arranged Rs. 10,000/- and gave to her husband and his father Mohan Lal to run a 'Dhaba', but in August 1990 she was again given beating by her sister-in-law Raj Rani, Nirmal and Sunita and mother-in-law Krishna. Her mother-in-law brought a vessel of kerosene oil and the sisters of her husband set her on fire after sprinkling the oil. Petitioner No. 1 gave her kicks in her stomach. In order to save her life she went to her parents house.

(3.) IN the return filed by the respondent it was pleaded that petitioner No. 1 was a drug addict and consumed liquor regularly. He demanded Rs. 10,000/- from his wife for running a 'Dhaba' at Mohali and father of the complainant give him Rs. 5000/- twice. The petitioners demanded colour T.V., fridge and scooter. Father of the complainant was not in a position to fulfil the demands of the petitioners. The petitioner feeling annoyed gave beating to the complainant on 11-8-1990 with shoes and lathis and petitioners No. 1 and 2 kicked in the abdomen of the complainant knowing that she was pregnant. Petitioner No. 2 i.e. father of petitioner No. 1 brought a can of kerosene oil and instigated petitioners No. 4 to sprinkle kerosene and set the complainant ablase. The complainant ran to her parents' house to save her life. She suffered internal injuries and had to be hospitalised. The allegations made in the first information report made out a prima facie case against the petitioners.