HARCHAND SINGH Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The petitioner has filed this petition under section 482 Crimial P.C. seeking quashing of the FIR No. 253/93 dated 29.6.1993 of Police Station, Kotwali, Distt. Sri Ganganagar where under a case for offences under sections 420, 467, 468, 120-B, 406 & 471 Penal Code has been registered against the petitioners.

(2.) A few facts need be recalled for the proper disposal of this application. The son of the petitioner Paramveer Singh was married to the daughter of Shri Natha Singh on 12.12.1990 according to the customs of the Sikh Religion. It is alleged that Shri Natha Singh and his relatives and friends gave substantial valuable articles as present to Balveerkaur on her marriage. It is also alleged that after marriage Balveerkaur was not treated properly by her husband as also by her father-in-law (the petitioner) and his wife Nirmalkaur. They subjected her to physical as well as mental cruelty and the reason was that she did not bring in desired dowry. She was also subjected to physical assault. Balveerkaur often made complaints regarding the maltreatment or the cruel behaviour of her-in-laws to her parents and brothers. Natha Singh and his family members met the petitioner and his family member members and tried to reconcile the matter but it appears that eventually the relations between the two families became very strained. Paramveer Singh, at the instance of his parents, even threatened Balveerkaur by firing a gun in the air. Thereafter the petitioner and his family members, in order to show that Paramveer Singh was residing separately, got him settled at Ganganagar but he always acted whatever was dictated by the petitioner and his family members. Eventually Balveerkaur was turned out of her matrimonial house. Paramveer Singh, with the help of his parents and relatives, left India and settled abroad deserting Balveerkaur. The petitioners kept all the articles of dowry with him including a Maruti Car (Engine No. 564904 and Chesis No. 4020056). The car belonged to Smt. Harbanskaur and she has been recorded as the registered owner in the record of Registration Authority. The above car was purchased from Smt. Harbanskaur in the name of Balveerkaur by Natha Singh. However, the registration continued to remain in the name of Smt. Harbanskaur. When the relations between two families totally broke, Natha Singh demanded all the articles of dowry from the petitioner but he did not return the same. Shri Natha Singh then lodged a FIR No. 29/93 at Police Station Vijainagar whereupon the police registered a case under sections 498-A & 406, Penal Code against the petitioner and others. It is stated that investigation followed and a challan has also been filed relating to the aforesaid FIR No. 29/93. It is important to mention here that in FIR No. 29/93 Shri Natha Singh also made allegations regarding the above Maruti Car which he gave to the petitioner.

(3.) The second FIR No. 251/93 was again lodged by Shri Janger Singh s/o Shri Natha Singh in which it was, inter alia, alleged that after the departure of Paramveer Singh to the foreign country the petitioner, in complicity with Saurang Pani, made a conspiracy and prepared a forged sale-deed on 2.7.1992 in respect of the above maruti Car. In the above sale-deed the seller was Smt. Harbanskaur and the purchaser was one Akshay Bhati. It was alleged that the signature of Smt. Harbanskaur was forged either by the petitioner or by somebody at his instance. On receipt of this report another case has been registered against the petitioner for offences mentioned above.