BALWINDER SINGH AND ORS. Vs. THE STATE OF PUNJAB AND ANR.
LAWS(P&H)-2011-3-752
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 28,2011

Balwinder Singh And Ors. Appellant
VERSUS
The State of Punjab and Anr. Respondents

JUDGEMENT

Nirmaljit Kaur, J. - (1.) THIS is a petition under Section 482 Code of Criminal Procedure for quashing of FIR No. 207 dated 17.10.2007 registered under Sections 406, 506, 498 -A, 34 and 120 -B IPC, the order dated 07.12.2009 passed by the Additional Sessions Judge, Amritsar, whereby, the revision filed by the Petitioners has been dismissed.
(2.) BRIEF facts of the case are that the marriage between Rajwinder Kaur and Harjit Singh was solemnized on May 09, 1995. In March 2006, Harjit Singh, husband of the complainant died. Thereafter, in August 2007, the complainant Rajwinder Kaur made complaint against the Petitioners and subsequently an FIR, in question, was registered. The Petitioner No. 1 -Balwinder Singh and Petitioner No. 2, Paramjit Kaur, are the father -in -law and mother -in -law of the complainant, respectively. Petitioner No. 3 -Daljit Singh is elder brother -in -law of the complainant and Petitioner No. 4 -Sujan Singh is the father -in -law of Petitioner No. 3. While praying for quashing of the FIR, learned Counsel for the Petitioners contended that the marriage between Rajwinder Kaur and Harjit Singh took place on May 9, 1995. In November 1996, the Petitioners No. 1 and 2 i.e. the parents of Harjit Singh disowned their son and delinked him their moveable and immovable properties. A public notice to the said effect was published in the newspaper. For almost 11 years, Harjit Singh son of Petitioners No. 1 and 2 was living separately with the complainant wife. The Petitioners have no link, relation, association or connection with Harjit Singh, his wife or his children since he has been disentitled from the family. In March 2006, the husband of the complainant died in accident. After the husband of the complainant died, the present FIR was registered in October 2007. During the life time of Harjit Singh, the complainant was staying separately with her husband and after the death of Harjit Singh, complainant had gone to her parents to live with them. For almost 12 years, there had been not even a single complaint of any kind whatsoever much less complaint of harassment, cruelty or demand of dowry was made or even alleged by the complainant or her parents against the Petitioners. First time, the complaint was made in the year 2007 and that too, when the complainant was staying with her parents. It is further contended that no offence under Section 498 -A IPC is made out.
(3.) HEARD .;


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