A.P.CHOWDHRI, J. - (1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the F.I.R. (Annexure P-1) dated November 23, 1988, under Section 498-A/406/109 of the Indian Penal Code, Police Station Ambala City.
(2.) THE relevant facts are that Mrs. Kulwant Kaur, respondent No. 2 was married to Pargat Singh on April 2, 1988. Jasbir Kaur, petitioner No. 1 and Surinder Kaur, petitioner No. 2, are the real sisters of Pargat Singh. The others named in the F.I.R. are Bag Singh, father of Pargat Singh, Jit Kaur, mother of Pargat Singh, Dalbir Singh brother of Pargat Singh and Kulwant Kaur wife of Dalbir Singh. The learned Chief Judicial Magistrate, Ambala, appears to have sent the complaint made by Kulwant Kaur, respondent No. 2, to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The Police registered the aforesaid FIR. Jasbir Kaur and Surinder Kaur have filed the said petition for quashing the same on the ground that it would be an abuse of the process of the Court if they were tried for the offences. The principal ground taken in the petition is that Jasbir Kaur was married fifteen years ago and Surinder Kaur was married about seven years earlier and they are residing happily with their respective husbands. The next main ground in the petition, is that there were hardly any averments made against the petitioners in the F.I.R. and whatever averments were made against them did not add up to an offence of abetment.
(3.) THE return has been filed by the Superintendent of Police, Ambala on behalf of the State. The allegation that the petitioners were married about fifteen years and seven years prior to the material period, has not been specifically denied. In fact, in the case of Surinder Kaur it is admitted that she is married to Charan Singh and has a child from her marriage.;