JIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) JIT Kaur and two others, namely, Harjit Singh and Gurpreet Singh alias Babal through present petition filed by them under Section 482 of the Code of Criminal Procedure seek quashing of F.I.R. registered against them under Sections 406 and 498. A of the Indian Penal Code as also the charges framed against them by the concerned learned Magistrate.

(2.) THE learned Counsel appearing for the parties have taken this Court through the entire record. From the contents of the F.I.R., however, it could not be successfully urged by the learned counsel appearing for the petitioners that no offence is disclosed. It is, however, being vehemently argued by the learned Counsel for the petitioners that Gurpreet Singh alias Babal who was a minor and was studying in tenth class at the relevant time has been involved in this case more by fashion of involving all the relations of the husband in such like matters and not because he had actually demanded dowry of tortured the lady concerned namely Jaswinder Kaur. The only allegation spelled out against him from the reading of the F.I.R., is that the pass -book concerning the amount was handed over to him. However, Mr. Vijay Pal Singh learned Assistant Advocate General has contended that there are other general allegations made against all the accused but no Specific part has been attributed to Gurpreet Singh alias Babal. That being so, it could not be disputed by the learned Counsel for the State that no case was made out against Gurpreet Singh alias Babal either under Section 406 or 498 -A of the Indian Penal Code. That being the situation F.I.R. in so far as Gurpreet Singh alias Babal is concerned is quashed.

(3.) IN the totality of the facts and circumstances of this case, the personal exemption of.petitioners Nos. 1 and 2, namely, Jit Kaur and Harjit Singh shall remain exempted before the learned trial Judge subject to their giving an undertaking to the Court that the Lawyer engaged by them shall appear on the date/dates that might be fixed in the case and they shall appear before the Court as and when specifically so directed by the trial Court as also that the proceedings taken in their absence but in the presence of their Lawyer shall be binding upon them.