ROBINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing FIR No. 132 of 2009 dated 11.9.2009, registered at Police Station, Baddi under Sections 406, 498A, 34 IPC and case No. 228/2 of 2010 titled as State vs. Robinder Singh arising out of said FIR No. 132 of 2009 and pending in the court of learned Judicial Magistrate Ist Class, Nalagarh.

(2.) THE facts in brief are that in pursuance of order of learned Judicial Magistrate Ist Class, Nalagarh, an FIR No. 132 of 2009 has been registered on 11.9.2009 under Section 156(3) Cr.P.C. at Police Station, Baddi for offences punishable under Sections 406, 498A, 34 IPC against petitioners. The petitioner No. 1 is the husband, petitioner No. 2 is the father -in -law and petitioner No. 3 is the mother -in -law of respondent No. 3, who filed the complaint before learned Judicial Magistrate Ist Class, Nalagarh.

(3.) THE allegations are that after the marriage petitioners started misbehaving with respondent No. 3 for not bringing sufficient dowry. The respondent No. 3 after the marriage was shocked to know that the petitioners did not own a house; they lived in a rented accommodation. The petitioner No. 1 forcibly got opened joint account with respondent No. 3 at Mohali and got transferred salary of respondent No. 3 in the joint account. The petitioner No. 1 handled the joint account. The petitioner No. 1 demanded money from the parents of respondent No. 3 for purchasing a house at Mohali. The petitioner No. 1 forcibly took amount from respondent No. 3 through cheques. The petitioners wanted a house loan from H.D.F.C. Bank, a joint loan account was got opened in the name of petitioner No. 1 and respondent No. 3 and both of them jointly owned a house No. 3429, Sector 71 in Mohali.