LAWS(P&H)-2007-10-128

PARAMJIT KAUR Vs. STATE OF PUNJAB AND ANR.

Decided On October 11, 2007
PARAMJIT KAUR Appellant
V/S
State of Punjab and Anr. Respondents

JUDGEMENT

(1.) The petitioner, who is married sister -in -law of complainant (respondent No. 2) Amritpal Kaur has filed this petition, seeking quashing of FIR, involving her for an offence under Sec. 498A IPC.

(2.) Amarbir Singh, brother of petitioner, married Amritpal Kaur @ Renu, respondent No. 2 on 10.3.2003. This FIR is registered on the basis of a letter written by respondent No. 2 to S.S.P., Batala. Grievance raised is that she had given an earlier application, which was registered at No. 428 and was marked to DSP, Dera Baba Nanak, for investigation. It is stated that the complainant did not get justice and accordingly had filed another application, demanding justice and for initiating proceedings against the persons referred to in the application. Otherwise, in the complaint, it is generally alleged that husband Amarbir Singh, mother -in -law Gurmeet Kaur, sister -in -law Paramjit Kaur (petitioner) were harassing respondent No. 2 for not fulfilling the demand of dowry. Allegation also is that after marriage, when the complainant came to the village of her husband, 15 tola of gold, one motor cycle make Passion and clothes for relatives were given as dowry. It is further alleged that from very first date, father -in -law, mother -in -law, sister -in -law and husband started teasing the complainant on the pretext that these days motor cycle is given only by lowly placed persons and that all the friends of Amarbir Singh got car as dowry in their marriages. Claiming that father of the complainant had spent lacs of rupees in this marriage, it is stated that he died of cancer during April 2004. Grievance is that respondent No. 2 was brought to cremation ground but was taken back from there only by her husband to her in -laws place. The motor cycle given in dowry is allegedly sold. The complainant also complains that she was got aborted after her pregnancy. Allegation of beating is also made. It is also stated that in April 2005, a son, namely, Preet Singh, was born to the complainant, who, at the time of lodging the FIR, was one and a half year old. As per the allegation, the complainant was not permitted to take her child along, whenever she went to meet her parents. The relatives of the complainant also tried to intervene and explained the things to the in -laws but they always avoided them.

(3.) Some articles at the time of birth of the child were statedly given, including, clothes for the newly born, though the in -laws were expecting a car. Since the car was not given to them, they started troubling the complainant. Even on the death of uncle of the complainant, husband Amarbir had accompanied her and while going back, took away their son from the Bhog ceremony itself. Other allegations of creating trouble for the complainant made by in -laws are also referred in this complaint. The complainant claims that she had written letter in this regard to her brother. Allegation of abuse by the husband to her brother on telephone on 23.8.2006 is made. The husband had further told her brother to take the complainant away and that he would prefer to keep a servant instead. Having so spoken, the husband is alleged to have given slaps and asked the complainant to go out of his house. When the brother of the complainant came to meet her, he was abused and demand of dowry was raised besides stipulating that otherwise the complainant be taken away. Ultimately, it is stated that the complainant had been turned out from the house after taking one and a half year old son that she is having. It is accordingly prayed that action be taken against all the persons mentioned in the FIR.