- (1.) This is a petition under Section 482 of the Cr.P.C for quashing of FIR No.81 dated 04.04.2009 under Sections 406, 498-A, 506/34 IPC registered at Police Station Sadar, Khanna along with all consequential proceedings pending in the Court of Judicial Magistrate, Ist Class, Samrala.
(2.) While praying for quashing of the FIR, learned counsel for the petitioners submitted that the marriage of petitioner No.3 with respondent No.2 was performed on 20.02.2008 in accordance with religious ceremonies. The marriage was a simple affair and no dowry etc. was demanded. Further, after the marriage, it was discovered that respondent No.2 was suffering from epileptic seizures. Some person or the other used to come to her at Patiala to give her some medicine. After a few months in August 2008, the respondent No.2 had an attack of epileptic seizures. Due to the said reason, she was taken to Rajindra Hospital, Patiala i.e on 13.08.2008 and was got admitted there. The doctor diagnosed her as a case of epilepsy. She was discharged on 14.08.2008 by prescribing medicines for epilepsy. It was only then the petitioner realized that respondent No.2 and her family had played a fraud on them by concealing the fact that respondent No.2 had been suffering from epileptic seizures even before her marriage since long. However, the mother of respondent No.2 took her daughter away. Thereafter, the petitioner No.3 filed a petition under Section 12 of the Hindu Marriage Act for annulment of marriage on 19.08.2008 and it was only after coming to know about the petition under Section 12 of the Act filed by petitioner No.3, a complaint dated 09.03.2009 was submitted to the Senior Superintendent of Police, Khanna by respondent No.2 herself containing vague allegations of mal-treatment, beatings and dowry demands. Thereafter, the FIR was registered at the behest of undue influence and political pressure. Secondly, the mother, too, had filed a complaint dated 18.09.2008 much before the filing of the complaint by respondent No.2. The said complaint was filed by the police vide report dated 21.11.2008. Lastly, there was no mal-treatment and no offence is made out.
(3.) The respondents, too, have filed their reply. As per the reply filed, the investigation is complete, the challan has already been filed.;