KIRAN KUMAR DHIR AND OTHERS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-7-525
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 05,2012

KIRAN KUMAR DHIR AND OTHERS Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 146 dated 3.6.2010 under Section 498-A/ 406 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Kotwali Faridkot, District Faridkot (Annexure P-4) and all the subsequent proceedings arising therefrom.
(2.) FIR (Annexure P-4) reads as under:- "That my marriage was solemnized about 14 years before with above said Kiran Kumar Dhir son of Chand Lal resident Ludhiana at Faridkot we have two children, whose names are Priyanka, girl aged 12 year and Chetan Kumar, aged 10 years. 2) That I lived with my in laws about 9 years together. 3) That after six months of my marriage, my husband, my mother in law and Nanands had started taunting upon me for bringing less dowry. But I did not tell to my parents for single instance because they would be in tension. 4) That my father has been helping me for last 12 years by giving on the eves of various occasions, festivals and from time to time. About three years before my mother in law along with my Nanands and brothers in law (Jawaiyan) started harassing me and latter on turned out my husband and myself from house. Thereafter, my husband along with children started living in rental house in Ludhiana itself. 5) That when we were living in the rental house, a theft had taken place in my husband's shop. At that time also my father had helped my husband Kiran Kumar Dhir by giving Rs. 1 lac so that the articles could be purchased for shop again. 6) That thereafter my sisters in law started visiting terms in our rental house. 7) That one day my husband Kiran Dhir said that we do live in rental house and the gold, money and valuable documents which you have should be kept in Bank after taking locker so that they be kept in safeguard. Then I entrusted my entire gold, which was given by family members in my marriage, which was weighing approximately 15-16 Tolas, and also handed over entire necessary document to my husband. 8) That latter on attitude of my husband changed towards me and started talking with me harshly. I asked him that what is my fault. Then he said that I have to go abroad and I require money and I am I tensed and due to which I talk harsh some time. To see the problem of my husband I took the help of Rs. 50,000/- from my father and gave it to my husband. Thereafter attitude of my husband remained nice with me for some time and then again it became same as earlier to that extent that my husband has also demanded divorce from me and compelling me to give divorce. The reason behind it is that my husband has relation with a girl with whom he has to go abroad due to which I am being given beatings. 9) That on 15.1.2010 my husband along with his mother came and gave me beatings asked me that they are required a sum of Rs. 1,50,000/- and bring it from her father. If you did not bring then I will turn out you from house and will not rehabilitate. I said him that my father had already fulfilled your various demand and now they are unable to give this. Then these all started beating me and kept on saying every time to bring the money. 10) That I and my children are in endangered of our life and property at the hands of my husband Kiran Dhir, mother in law and his sisters that they can kill us. I told this to my father on telephone and he came at Ludhiana at our house. When he desired to talk with my husband and mother in law then they said do whatever you can do and they have links with high-ups and you cannot do any worst of us and we will not rehabilitate your daughter. My father brought me and my children at his house in Faridkot. Kindly immediate legal action be taken against the above said accused so that I and my children may be done justice and I be rehabilitated. "
(3.) Learned counsel for the petitioners has submitted that he may be permitted to withdraw the petition qua petitioner No. 2. Ordered accordingly.;


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