BALWINDER SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 of the Code of Criminal Procedure by petitioners for quashing of FIR No.148 dtd. 7/9/2015 registered at Police Station City South Moga, District Moga, Punjab under Sec. 498-A of the Indian Penal Code, 1860.

(2.) Perusal of the above-mentioned FIR shows that it was registered on behest of the complainant who is daughter-in-law of the petitioners. A thorough reading of the allegations in the FIR makes it clear that the main thrust of the allegations in the FIR is that she as well as her husband (son of the petitioners-accused) are not being permitted by the petitioners to live in their ancestral house. It is alleged in the FIR that in the month of April, 2014 the complainant and her husband were forcibly evicted from their ancestral house by the petitioners, but three months past thereafter, they were again taken back into the house by the petitioners. However, on 16/5/2015 when the husband of the complainant was away to Patiala, she was again moved out of the house by petitioners, and her mother took her along to her parental home. The final request made to the police in the FIR is that the complainant and her husband be put back in the house of the petitioners, which is alleged to be their joint property.

(3.) In the initial complaint made to the police the complainant had named her father-in-law, mother-in-law, and sister-in-law as accused. However, prior to registration of the abovementioned FIR, it seems a preliminary enquiry was conducted by the police. During the said enquiry the police concluded that marriage of complainant was performed with son of petitioners, and the said alliance between the parties was made through Dera Sacha Sauda, their religious sect. It was concluded by the police that since the petitioners were not happy with the dowry received in the marriage and as such were pressurizing their son to divorce the complainant. As such the police recommended for the registration of FIR against the petitioners under Sec. 498-A of the IPC. Sister-in-law of the complainant was found innocent by the police and no action was recommended against her.