JAGDISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition, the petitioners have prayed for quashing of FIR No. 462 dated 30.12.2002 registered under Sections 406/498- A/420 and 506 of the Indian Penal Code against the petitioners in Police Station Division No. 6, Ludhiana and all consequential proceedings arising therefrom.

(2.) THE facts required to be noticed for disposal of the petition are that on the basis of the complaint made by respondent No. 2, the aforementioned FIR was registered against the petitioners, a copy of which is annexed with the petition as Annexure P-1. It has been alleged in the petition that on 18.10.1999, respondent No. 2 was married to petitioner No. 5 at Ludhiana. Petitioner No. 1 is the elder brother of petitioner No. 5; petitioner No. 2 is the wife of petitioner No. 1 and petitioner Nos. 3 and 4 are the parents of petitioner No. 5, who is the husband of respondent No. 2. It is alleged in the petition that a simple ceremony was solemnized between the parties in which no dowry was demanded by the petitioners. In the marriage, the father of the girl spent about Rs. 50-60 thousands. After the marriage, the attitude of respondent No. 2 towards the petitioners was very harsh and she wanted that her husband should live separately from his parents, but he was not willing to leave his parents and this was the bone of contention between the husband and wife. Respondent No. 2 started levelling false allegations against petitioner No. 1 and 2, who were living separately with a separate mess in the same house. It has also been alleged in the petition that after marriage, it was also discovered that respondent No. 2 was suffering from peculiar disease known as anti phosphalid syndrome, which causes recurrent pregnancy loss. The husband of respondent No. 2 got her treated from various places including PGI, Chandigarh. It was confirmed that she was suffering from the abovesaid disease and was unable to give birth to a child. After the marriage, three abortions had already occurred. On account of this fact, she became aggressive and non-cooperative towards her husband and his family members. On 9.9.2002 respondent No. 2, when petitioner No. 5, was coming down from the stair case, caught hold of him and gave a severe blow in his private parts, resulting in severe pain. It has been further alleged in the petition that on 17.9.2002 respondent No. 1 left the matrimonial house of her in-laws and went to Ludhiana, threatening them to teach a lesson to all the members of the family. It has been further alleged that petitioner No. 5 submitted a written complaint to the Senior Superintendent of Police, Patiala, for taking appropriate action against respondent No. 2 and his father, a copy of which is annexed with the petition as Annexure P-3. Petitioner No. 5 served a legal notice through his counsel upon respondent No. 2 to mend her ways, otherwise, she would be constrained to seek a divorce on the ground of cruelty, a copy of which is annexed with the petition as Annexure P-4. Thereafter, a petition under Section 13 of the Hindu Marriage Act was filed against respondent No. 2 at Bathinda for dissolution of the marriage a copy of which is attached with the petition as Annexure P-5. It has been further alleged in the petition that respondent No. 2 as a counter-blast, moved a complaint dated 30.12.2002 to the Senior Superintendent of Police, Ludhiana, levelling false and fabricated allegations against the petitioners. On the basis of this complaint, FIR (Annexure P-1) was registered against the petitioners. After the registration of the case, the petitioners were kept in police lock up and police remand was taken for the purpose of effecting recovery of dowry articles. Hence, this petition.

(3.) I have heard learned counsel for the parties and have gone through the record of the case.