ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Petitioners (1) Anil Kumar son of Banwari Lal and (2) Kaushalya Devi, widow of Jai Kishan, have approached this Court under Section 482 Cr.P.C. for quashing the F.I.R. No. 110 dated 11.8.1996 under Sections 406, 498A and 34 I.P.C., registered by Police Station City, Abohar. The said F.I.R. was registered on the basis of the complaint given by the wife against her husband, the grandmother of the husband (the 2nd petitioner herein), certain other relations of her husband, and Anil Kumar (the Ist petitioner herein, who is only a friend of her husband).

(2.) THE material allegations in the F.I.R. are as follows :- The marriage between the complainant/wife and Amit Kumar was performed on 26.2.1994. After saptpadi and before departure of the doli, father of the complainant and other relatives gave sufficient amount of golden ornaments, furniture, clothes, beds, coolers, pots, T.V. and other articles. Rupees two lacs were given in cash for purchase of Maruti Car, which the accused have purchased after marriage. The articles were packed in different boxes and entrusted to the accused (the complainant has stated in detail the articles entrusted to the various accused). Bed sheets for summer and winter were handed over to Kaushalya Devi wife of Jai Kishan. The various articles were given to different persons as per the direction of Subhash Chander and Smt. Pushpa Rani (father-in-law and mother-in-law of the complainant).

(3.) THE petitioners have alleged in this petition that as per the allegation in the complaint, bed-sheets were given to the second petitioner (Kaushalya Devi) while nothing was handed over to the first petitioner. The petitioners have also urged that it has not been mentioned in the complaint that these articles were given as consideration for the marriage. The petitioners have further alleged that the first petitioner is only a friend and he will not fall within the ambit of Section 498-A of I.P.C. and there is no allegation that he was entrusted with any of the dowry articles. According to the petitioners, the second petitioner Kaushalya Devi is the grandmother of the complainant's husband, who is not only more than 90 years, but is also blind who can walk only with support, and that her name has been dragged just to harass her.