BALBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 Cr.P.C. for directing respondents No.2 and 3 to register a case against the accused persons as per the representations (Annexures-P.2 to P.5) as the contents of the same bring out commission of cognizable offences against them.

(2.) The brief background of the case is that the petitioner is serving in the Army and his marriage was solemnized with Mandeep Kaur about six years ago and he has two children, namely, Navreet Gill aged 5 years and Ranbir Gill aged 1 year. His old parents are aged about 60-65 years and are residing in the house and there is no one to look after them. His mother is heart-patient and used to remain sick. It is submitted in the petition that the wife of the petitioner started quarreling with him regarding separate residence from her in-laws after one year of marriage and in order to settle the dispute, the relatives and respectable persons got separated them and she is residing separately for the last about four years from the parents of the petitioner. Due to the matrimonial dispute, the wife of the petitioner along with her parents, brothers and relatives had taken household articles and when he tried to stop them, he was attacked with 'Dangs' and his wife scratched his face with her nails and his fatherin-law and mother-in-law caught hold him from his hair and threw him on the ground. His father tried to rescue him from these persons, but they also attacked him and threatened to kill. They also stole 6 Tola gold from the locker of Almirah (4 gold rings, 2 gents, 2 ladies, gold bracelet, one pair of gold topus, one gold bangle and gold chain) and Rs. 20,000/- cash. From the averments made in the petition, the petitioner wants to register a criminal case against his wife and in-laws. The grievance of the petitioner is that the respondents are not registering case against the accused persons.

(3.) After giving my thoughtful consideration to the matter, it may be noticed that in Sakiri Vasu v. State of U.P. and others, 2008 1 RCR(Cri) 392 , it was observed by the Supreme Court as under:-