S.S.NIJJAR, J. - (1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the FIR No. 229, dated 2.12.1998, under Sections 498-A, 406 and 506 IPC, registered at Police Station, Beas, district Amritsar.
(2.) THE petitioner is stated to be the un-married sister of the husband of the complainant. The birth certificate has been attached with this petition which shows that the petitioner was born on 20.2.1978. At the very outset, the impression given is that the petitioner has been residing throughout in Chandigarh. In support of this statement of fact, the petitioner has attached certificate, Annexure, P-2, issued by the Central Board of Secondary Education, Delhi, showing that she appeared in All India Senior School Certificate Examination i.e. 10+2, in the year 1995. This certificate shows that the petitioner appeared as a student of Government Girls Model Senior Secondary School, Sector 40, Chandigarh. It is also the case of the petitioner that the marriage between her brother and the complainant was solemnised on 24.7.1995. It is stated that the petitioner was studying at Chandigarh and was living alongwith her parents at Chandigarh. Her brother was posted in Shimla even before the marriage. After marriage, he took his wife away to Shimla. It is categorically stated in paragraph 5 of the petition that she has been studying and living at Chandigarh all the time. Paragraph 5 of the petition is reproduced hereunder for ready reference :- "5. The petitioner has been studying and living at Chandigarh all the time. After doing her 10+2, she appeared in Joint Entrance Test of Punjab Board of Technical Education and her result card of 1998 is annexed herewith as Annexure P-3. All this documents clearly show that the petitioner has all the time been living at Chandigarh and has been pursuing her education only at Chandigarh. At no point of time she ever lived at Shimla alongwith her brother Sunil Kumar Sharma and his wife Saroj Bala." Relying on the afore-said averments made by the petitioner, this Court issued notice of motion and filing of the charge-sheet was also stayed. Reply has been filed by the complainant. It has been stated that the petitioner has not come to Court with clean hands. In fact, she did not clear her 10+2 examination as claimed in the petition while studying at a school in Chandigarh. She, if fact, took admission in Lord Public School, Bhrari, Shimla, during the session 1995-96. It is from this school that she passed her 10+2 examination. After clearing 10+2 examination, the petitioner took admission in Rajkiya Kanya Mahavidyalaya, Shimla, in B.A. Part-I, under Roll No. 5610, during the session 1996-97. Necessary certificates to establish these facts have been attached with the reply.
(3.) CLEARLY , the petitioner has not come to Court with clean hands. She has managed to forestall the progress of the criminal proceedings not only against herself, but also against the other co-accused. Relying on the averments made in the petition, this Court had stayed the filing of the charge-sheet.;