LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Crl. Misc. No. 12592-M of 1998 has been filed under Section 482 of the Code of Criminal Procedure for quashing the FIR No. 68 dated 15-3-1998 under Section 498-A, 406, 120-B I.P.C.registered at Police Station Bathinda and for quashing of the proceedings arising therefrom. Crl. Misc. No. 24143-M of 1998 has been filed seeking quashing of the order dated 21-7-1998 framing the charge against the petitioner under Sections 406/498-A of IPC.This order will dispose of both the petitions.

(2.) Crl. Misc. No. 12592M of 1998 came up for motion hearing on 21-5-1998. It was brought to the notice of the Court that the Superintendent of Police (Headquarters) (hereinafter referred to as S.P.(H)) in his report Annexure P.3 had recommended to drop the case. It was also pointed out that the petitioner is brother-in-law of the complainant (hereinafter referred to as the wife) and was studying at the relevant time. Notice was issued to A.G.Punjab and the second respondent for 4-8-2000. On 20-7-1998 further proceedings in the trial Court were stayed. In spite of the aforesaid order, the trial Court framed the charges by its order dated 21-7-1998. Therefore, it became necessary to file the second petition for challenging the order dated 21-7-1998.

(3.) In the FIR, it is stated that the wife was married to Jaswinder Singh on 17-2-1995. One Baldev Singh Joshi was the mediator. The parents of the wife had spent an amount beyond their means on the marriage but the in-laws were not satisfied. After marriage they started taunting the complainant for bringing insufficient dowry. They are alleged to have turned the wife out of the matrimonial home after beating her. On 24-10-1996 she gave an application to S.S.P.Bathinda which was marked to Women Cell, Civil Lines, Bathinda. On 26-11-1996, the wife gave the statement before Surender Kaur Brar, Inspector, Women Cell. On 16-1-1997, this Inspector made investigation and recommended for registration of the case. On 17-1-1997, the S.P.(H) made an enquiry and called both the parties and the matter was compromised. The wife went back to the village of the husband. A few days thereafter the whole family again demanded more dowry and turned her out of the house again after beating. The wife again gave a detailed affidavit on 10-7-1997 to S.S.P.and S.P.(H). The wife along with Panchayat appeared before the S.P.(H) who agreed to register the case. Thereafter, again the wife made request to the Senior Superintendent of the Police. The case was again referred to Women Cell, Civil Lines. It is the allegation of the wife that the husband refused to take the wife home. The wife submitted an application before the Chief Minister on 12-12-1997 She also sent copies to the Director General of Punjab, DG range Faridkot, Additional Director General of Police (Crime) Chandigarh. She made separate application on "28-1-1998 to the S.S.P.Bathinda and S.H.O.Cantt. not to issue a no objection certificate for going abroad". At the end of the FIR the wife further states that "action be taken against Jaswinder Singh (husband), Harchand Singh (father-in-law), Lakhwinder Singh (younger brother of the husband, brother-in-law of the wife), Manjit Kaur (mother-in-law) and Balwinder Kaur (wife of elder brother of the husband), who have maltreated me and turned me out of the house by demanding more dowry. All the accused are planning to go abroad with the intention to marry Jaswinder Singh with the sister-in-law of Lakminder Singh who is living abroad. I shall feel highly obliged."