RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (for short Cr. P. C.) is for quashing FIR No. 323 dated 2-10-2004 under Ss. 498-A, 452, 406 and 506 read with S. 34 of the Indian Penal code (for short IPC), registered at police Station Jhajjar, District, Jhajjar.

(2.) THE facts in the backdrop of the case are that Ranbir Singh (petitioner No. 1) was married to Santra (respondent No. 2) on 26-6-1978 as per Hindu Rites. Out of the wedlock of the parties, two children, namely; chinki and Manjit were born. Due to the temperamental differences and lack of understanding, the parties could not live together. Therefore, the marriage stood irretrievably broken. As such, the petitioners have been living separately for the last fifteen years from respondent No. 2. The First information Report (Annexure P-1) further reveals that on 24-6-2004 at about 4. 00 p. m. petitioner No. 1 along with Kapur Singh and anita, both petitioner Nos. 2 and 3, respectively, went to the house of the sister of respondent No. 2, namely Sumitra and gave her beatings, took away both the children forcibly. They also threatened that if the matter was put to the police, then it will be dealt with strenuously. However, Manjit singh, her son managed to escape, but chinki is in illegal custody of petitioner No. 1 since 24-6-2004. Eventually, she has prayed that she may be delivered the custody of the minor. The other allegations levelled in the First Information Report are that petitioner No. 1 developed illicit relations with Anita alias Neeta.

(3.) THE State has filed the reply admitting the registration of the case and about separate residence of both the parties for the last fifteen years. It has been further admitted that there was no complaint about maltreatment or demand of dowry till May,2004. Consequently, the prayer to dismiss the petition has been made.