PARMINDER KAUR Vs. UNION TERRITORY, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) Present petition has been preferred under Section 482 of the Code of Criminal Procedure (for short, 'Code') by Ms. Parminder Kaur, mother-in-law of complainant-respondent No.2-Jasleen Kaur, seeking quashing of FIR No. 327, dated August 27, 2007, under Sections 406/498-A IPC, Police Station Sector 39, Chandigarh and all subsequent proceedings arising therefrom.

(2.) Instant case stands registered on the basis of complaint lodged by Ms. Jasleen Kaur-respondent No.2 with Police. The relevant portion of the FIR may be usefully quoted as under:-

(3.) While reiterating the contents of FIR, it has been argued with vehemence by learned counsel for petitioner that allegations made in the FIR is just a reproduction of divorce petition, which has been registered just a day prior to the decree of divorce dated August 28, 2007. The allegations unfolded in the FIR or complaint, even, if taken at its face value and accepted in its entirety, do not prima facie constitute any offence or make out a case against petitioner. Even otherwise, FIR has been got registered with malafide intention, which is manifestly attended with malice and that too with an ulterior motive of wrecking vengeance on petitioner's family, just due to strained relation in between complainant and her husband. In the divorce petition, husband of complainant appeared and filed written statement controverting all allegations and thereafter, he could not appear as he was living abroad. Moreover, after passing of decree of divorce, complainant has contracted second marriage and has been blessed with two children, which is conclusive of the fact that she is not ready to live with her husband and intended to settle with some other person.