LABH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition for quashing has been filed originally by Labh Singh. Subsequently, Pyari Devi and Bhirawan Bai were added as petitioner Nos. 2 and 3.

(2.) IN the FIR, Annexure P-4, it is alleged that the complainant was married to Labh Chander about five years ago and prior to the FIR dated 16.9.1993, she was tortured for dowry and an attempt was made to kill her also. Inspite of all efforts, she was not accepted in the matrimonial home and was turned out of the matrimonial home along with her son aged 4 years.

(3.) COUNSEL for the complainant submitted that the petitioner Labh Singh had filed a divorce petition alleging desertion and cruelty and after considering the evidence, his case was rejected by the trial Court and FAO No. 142-M of 1997 filed in this Court was dismissed on 13.10.2004 after consideration on merits. It was held that the wife had not gone out of the matrimonial home of her own and it was the petitioner, who had deserted the wife.