FAQIR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FAQIR Chand and other petitioners filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 142 dated 19.4.1992 under Sections 406, 404 of the Indian Penal Code and Sections 4, 5 and 6 of the Dowry Prohibition Act registered at Police Station, Kotwali, Sangrur. The case was registered on an application submitted by Megh Raj, whose daughter Sunita Rani was married to Gulshan Kumar petitioner No. 2. Megh Raj alleged that the petitioners were not satisfied with the dowry given to Sunita Rani and they maltreated her. Ultimately Sunita Rani was murdered by the petitioners regarding which incident FIR No. 619 dated 19.11.1992 was registered at Police Station, Civil Lines, Rohtak. All the dowry articles to Sunita Rani were retained by the petitioners and they refused to hand over the same to her father.

(2.) THE petitioner alleged that Sunita Rani died a natural death but a false case was got registered against them by Megh Raj father of the deceased and subsequently the present case under Section 406 IPC was also got registered, though there was no entrustment of any article of dowry to them and no cognizable offence under Section 406 IPC was made out as per averments in the first information report. No offence under Sections 406, 404, IPC and under any provisions of the Dowry Prohibition Act was committed at Sangrur and the Courts at Sangrur had no jurisdiction to take cognizance of these offences.

(3.) IN view of the compromise deed and the affidavit filed by Faqir Chand it is made out the dispute regarding dowry articles which was main cause of contest has been settled and father of the deceased has received all the articles belonging to his daughter from the petitioners. He, therefore, does not want to puruse the case against the petitioners. Since the claim of the complainant has been satisfied and he is not to prosecute the case there are very oblique chances of any success in the case and in these circumstances continuation proceedings against the petitioners will not serve any purpose and will rather amount to an abuse of the process of the Court. As the parties have amicably settled the dispute I allow this petition and quash FIR No. 142 dated 19.4.1992 registered against the petitioner at Police Station, Kotwali, Sangrur and all subsequent proceedings arising therefrom.