- (1.) Vide this order, the above mentioned two petitions would be disposed of as in both the petitions, the petitioners have sought quashing of FIR No.70 dated 30.6.2008 under Section 406/ 498-A/ 34 of the Indian Penal Code, 1860 (IPC for short) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (the Act for short) registered at Police Station Khammano Kalan, District Fatehgarh Sahib and all the subsequent proceedings arising therefrom. FIR, as reproduced in the petition, reads as under:- "My name is Sukhvinder Kaur. I am resident of Ward No. 7, Khamano, Distt. Fatehgarh Sahib, Punjab. That my daughter named Jaspreet Kaur was married to Kulvinder Singh Mangat with Sikh marriage rites (Anandkarj) on 25.11.2003 at JIFE Resorts Sahnewal, Punjab. Being only daughter, I spent huge money on her marriage. About 600 persons attended this wedding. About Rs. 16 lacs were spent on her marriage including catering. A Maruti Zen Car bearing registration No. PB- 49-7511 as demanded, 105 Tola Golden jewelry, clothes, two lacs cash etc, as Ishtridhan. About two weeks they resided as husband and wife in Khanna and on 5th December, 2003 they went to Hong Kong. About 9 months they lived happily and after that Charanjit Kaur (mother in law) started teasing my daughter for bringing less dowry and also told to my daughter that Charanjit Kaur has spent huge amount of money on marriage of her daughter Sukhvinder Kaur and my daughter should bring more dowry to live happily and want to settle in Hong Kong. As they were constructing house in Mohali so they need money for its constructions. Kulvinder Singh (Husband) and Lakhvir Singh (Father in law) also followed foot steps of Charanjit Kaur for bringing more money. For some time my daughter remained silent but they continuously started pressurizing her. In the month of January 2005 my daughter came to India. She shared her feeling with me regarding their demand of money. When I came to know this matter, I gave a phone call to Charanjit Kaur (mother in law). She talked with me in a rude manner and demanded 15 lacs Rupees. She threatened me that if I do not fulfill her demands, she will re-marry her son. She also told me to arrange this huge amount of money till month of March/April as she was coming to India during this period for the heart treatment of her mother (Surjit Kaur) and also for performing Greh Parvesh Ceremony of house in Mohali. I withdraw 3 lacs from account No. 18562 and two lacs from account no. 19421 from on 24.3.2005, 50,000 from account of 18562 and 50,000 from account no. 19421 on 7.4.2005. All from Punjab and Sind Bank, Khamano. On 19.4.2005 I alongwith my son my husband and my brother went to Mohali and gave 6.0 lacs to Charanjit Kaur. When she came to know that we have brought only Rs. 6.0 lacs she got angry and behaved very rudely with us. She again threatened me that I do not give her rent of money she will not take my daughter back to Hong Kong and also she threatened me that she will re-marriage of her son. Then we requested to her to give us time for arranging money and we also requested her not to leave my daughter and take her back to Hong Kong. Then my daughter went back to Hong Kong. Charanjit Kaur has joint account with my daughter and withdraws salaried money of my daughter without her consent for her personal use. Charanjit Kuar, Lakhvir Sing and Kulvinder Singh regularly teased and taunted my daughter to get the remaining money. In the mean time my daughter get pregnant and on 10th April, 2006 my daughter gave birth to a female child. As no male child was born, her husband (Kulvinder singh and Charanjit kaur) started teasing her. On 15.5.2006, Kulvinder Singh gave her beatings in the presence of Charanjit Kaur and Lakhbir Singh and threatened her that they will not extend her Visa and also to give her divorce if they do not give them money. My daughter showed inability to bring that huge amount of money as huge money has been spent on her marriage and thereafter. Charanjit Kaur and Lakhvinder Singh started treating my daughter like servants. I talked on phone to Charanjit Kaur regarding their demand of huge money for extension of my daugher's Visa. Again Charanjit Kaur threatened me for re-marriage of their son. If they do not give them remaining amount and they will send my daughter to India. I assured my inability to give such a huge amount of money but I assured Charanjit kaur that I can arrange some money. On 12.6.2007, I borrowed 2.0 lacs from Surjit Singh son of Harcharn Singh resident of Ward No. 3, khamano District Fatehgarh Sahib Punjab and on the direction of Charanjit Kaur I gave these 2.0 lacs Rupees to Surjit Kaur (Mother of Charanjit Kaur) at her residence in Mohali. After receiving the money they start demanding the rest of the money soon because the date of expiry of daughter Visa was coming near in the month of October 2007. Charanjit Kaur was in India and started demanding remaining money. I assured my inability to arrange such amount of money as my husband was ill and are not able to fulfill the demand of money. When they came to know that they will not get any money from us, Kulvinder Singh got furious and beat my daughter and told my daughter that he is not going to extend her Visa and asked my daughter to return to India. After all the happenings my daughter somehow managed to get employment visa on the basis of her job as a Teacher in School on knowing to her husband that she has procured employment visa he furious and gave her beating and threatened to ruin my daughter's life and also he disclosed my daughter that he had an affair with Chinese girl and wanted to marry her. After that Kulvinder Singh started living separately from my daughter at Flat E, Block 137 Floor See View, Crescent, Tung Chung, New Territories, Hong Kong. So my daughter is in great difficulty because of these demands of dowry, maltreatment and harassment. Therefore, legal action may kindly be taken against the accused and justice be done to me. I will be thankful to you."
(2.) Learned counsel for the petitioners has submitted that Jaspreet Kaur, daughter of the complainant, was married to Kulvinder Singh on 25.11.2003 at Sahnewal. Thereafter, the couple left for Hong Kong on 5.12.2003. The matrimonial relations between them became strained. Divorce petition was filed by petitioner Kulvinder Singh. Jaspreet Kaur gave her consent for grant of decree of divorce and consequently, the decree of divorce was granted. The couple had also settled their dispute qua the custody of the child. Jaspreet Kaur was residing in Hong Kong. Petitioner Surjit Kaur was about 90 years old and was maternal grand mother of Kulvinder Singh. The petitioners had been falsely involved in this case.
(3.) Learned counsel for respondent No.2, on the other hand, has submitted that all the petitioners were guilty of harassing the daughter of the complainant on account of insufficiency of dowry. Hence, the criminal proceedings were liable to continue.;