A.S.NEHRA,J - (1.) PARVEEN Kumari daughter of Sh. Baru Ram Sharma has filed this petition under Section 482 of the Code of Criminal Procedure for quashing orders dated 9.5.1992 and 10.7.1993 passed by the Judicial Magistrate First Class Ludhiana and Additional Sessions Judge Ludhiana respectively. Petitioner has submitted that she has been falsely implicated by respondent No. 2 in the case registered vide F.I.R. No. 246 dated 27.6.1991 under Section 406/498-A I.P.C. registered at Police Station Ludhiana. The F.I.R. reads as under: "It is submitted that 1, Raj Rani daughter of Banwari Lal, resident in H.No. 1136, Islam Ganj, Ludhiana and I am working in Railways. My father had solemnised my marriage with Jatinder Kumar son of Baru Ram resident of H.No. 5-6, Gali No. 2 Guru Gobind Singh Nagar, Noorwala Road, Ludhiana on 27.4.1990. My father gave the dowry as per his status. which is four bangles, one set chain, one ring, one pair ear ring, one silver set (total costing Rs. 35,000/-) one scooter Bajaj Chetak, colour television, attachie, sofa set, sewing machine, boxbed, dressing tables, three watches, 20 sarees, 35 suits, two dunlop beds, four beddings, 25 suits for the boy, utensils, 151 boot, chapals the cost of which is Rs. 1,61,545/-. In addition to this the expenditure on food and cash was about Rs. 60,000/. After the marriage, my husband Jatinder Kumar, mother-in-law Nirmala Devi, sister-in-law Parveen Kumari, brothers-in-law Shiv Mohan, Ravinder Kumar and Narinder Kumar started harassing me and started saying that my parents have given less dowry as per their status. We have been maligned in the eyes of our neighbourers and relatives. All started hating me and started giving me beatings and started saying that bring Rs. 50,000/- from your parents and also the salary for three years. I said that my parents are not so rich. I was insulted many times and thrown out of the house. But I remained in the house out of shame and did not tell anything to my parents. I was tortured to such extent that I have no other alternative. Few days back, I was given beatings and was thrown out of the house. I came to my parents and narrated the whole story. Now I request you to take legal action against them. I shall be thankful to you for this. Sd/- Raj Rani."
(2.) IT has been further stated by the petitioner that the perusal of the F.I.R. will show that the respondent has not been able to tell the date on which she was turned out from her matrimonial home. It has been further submitted that the petitioner is unmarried daughter of Sh. Baru Ram Sharma and she has nothing to do with the articles of dowry, nor any articles of dowry could be entrusted to her in the presence of parents and elder brothers. Notice of this petition was given to the respondents. Written statement has been filed by respondent No. 2. There is no allegation in the F.I.R. that any article of dowry was handed over to the petitioner. It is also not mentioned in the F.I.R. by the complainant as to on which date she was harassed by the petitioner. Mr. H. N. Mehtani has conceded that there is no specific allegation of handing over the dowry articles to the petitioner. According to the averments made in the F.I.R. there is no allegation that the petitioner harassed the complainant on any particular day or month.
(3.) IN view of the above discussion, petition filed by Parveen Kumari is allowed. F.I.R. No. 246 dated 27.6.1991 under Sections 406 and 498-A I.P.C. and orders dated 9.5.1992 and 10.7.1993 passed by the Judicial Magistrate Ist Class Ludhiana and Additional Sessions Judge Ludhiana respectively are ordered to be quashed qua the petitioner only.;