KULDIP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Cr. Procedure (for short, the Cr. P.C.) for issuance of direction transferring the investigation of FIR No. 214, dated 15.10.1996, under Sections 498A, 406, 420, 494, 120 -B, Indian Penal Code, from Police Station Sarabha Nagar, Ludhiana, to CBI as the local police is not investigating the case properly under the pressure of private respondents who have links with higher police officers.

(2.) THE petitioners' contention is that they are victims of cheating and fraud committed by respondents 3 -5 who have entered into negotiations with respondent No. 2 regarding marriage of respondent No. 5 with petitioner No. 1. An advertisement was published in local newspaper Daily Ajit for the marriage of respondent No. 5 but it was not disclosed therein that respondent No. 5 is a divorcee and is having four children as well. Petitioner No. 2 finalised the marriage of petitioner No.l with respondent No. 5. The marriage was performed on 5.2.1995. In this marriage, petitioner No. 2 gave sufficient dowry to the respondents. After the marriage, respondent No. 5 left for Canada on the ground that petitioner No. 1 has been brought in his house only as a maid - servant and if she would create any fuss, her father and brother will be eliminated. An attempt was also made by respondent No. 4 to murder petitioner No. 1 by compelling her to drink milk in which some suspicious substance was mixed. Thereafter petitioner No. 1 left her matrimonial home and came back to her father's house. When the petitioners wanted the respondents to return the dowry articles and also to compensate them for the expenses made by them in the said marriage, they refused to do so.

(3.) PETITIONER No. 2 submitted a written complaint on 21st December, 1996 to the DIG Ludhiana Range for registration of a criminal case under Sections 406, 498 -A, 494 and 420, Indian Penal Code, against respondents 3 to 8 but no action was taken by the local police. Petitioner No. 1 filed Cr. Writ Petition No. 1349 of 1996 for a direction to the police to register the case. The local police registered the case on 15.10.1996 under Sections 498 -A, 406, 420, 494 and 120 -B, Indian Penal Code (Annexure P2), after notice of the said writ petition. That writ petition was disposed of vide order dated 17.10.96 (Annexure P2).