VISHWA MITTER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE facts necessary for the disposal of the present petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 28 dated 1-6-1989, Police Station Ambala under Sections 498-A and 406, I. P. C. are as follows :

(2.) SMT. Kiran Bala, respondent No. 2 was married to Vishwa Mitter, petitioner No. 1 on 14-7-1983. The parties to the marriage have been living separately from each other since 24-3-1985. Smt. Kiran Bala filed a complaint under Sections 498-A and 406, I. P. C. , dated 27-5-89 against her husband, petitioner No. 1 and certain relations of the husband, who are petitioners Nos. 2 to 4. These are her mother-in-law Smt. Ram Lubhai, petitioner No. 4 her sister-in-law i. e. sister of her husband, Smt. Tarlochan Kumari, petitioner No. 3 and Rakesh Kumar Verma husband of her sister-in-law Trilochan Kumari, petitioner No. 2. The complaint was sent to the police by the learned Chief Judicial Magistrate, Ambala under Section 156 (3) of the Code of Criminal Procedure. The police entered FIR Annexure P-1. The accused named in the FIR have filed this petition for quashing, the same. It may also be mentioned that the wife instituted an application under Section 125 of the Code of Criminal Procedure on 19-5-1986. In that application, she made a statement dated 13-6-1987 (Annexure P-3) on 23-7-1986, the husband caused a notice to be sent through his lawyer asking the wife to collect items of dowry lying at his house. No reply was received to that notice. On 13-3-1989, the husband instituted an application for dissolution of marriage on the ground of desertion. During the pendency of the said proceedings, the husband made an application Annexure P-5 on 9-5-1989 for a direction that the wife should remove articles of dowry lying at his house.

(3.) NO reply was filed to the petitioner by the private respondent No. 2.