JUDGEMENT
MEHTAB S.GILL, J. -
(1.) Learned counsel for the petitioners states that as per FIR
(Annexure P1), there is no specific allegations of demand for dowry or illtreatment
of respondent No.2.. He has further stated that during the course
of the investigation, the respondent-State had while presenting the challan
placed both Kumari Neeraj Khanna and Kumari Ruchi Khanna in column
No.2, as they were found innocent.
(2.) Learned counsel for the State has argued that the impugned
order dated 16.12.2003 (Annexure P4) has been passed after the trial Court
took the relevant evidence into consideration.
I have heard the learned counsel for the parties and perused the
petition with their assistance.
(3.) In FIR No.17 dated 6.2.1999 Police Station Kotwali,
Kapurthala (Annexure P1), there are no specific allegations against Kumari
Neeraj Khanna and Kumari Ruchi Khanna. In the impugned order dated
16.12.2003 (Annexure P4), trial Court has stated that it has gone through
the statement of complainant Rekha, which was given in Court and that
respondent Rekha had stated that she was tortured to bring more dowry and
also beatings were given to her by Kumari Neeraj Khanna and Kumari
Ruchi Khanna. Statement of respondent Rekha in Court which the learned
trial Court had relied upon is an improvement on the complaint and FIR
(Annexure P1) made by respondent No.2 before the police at the time of
recording of the FIR. No specific allegations have been made against
Kumari Neeraj Khanna and Kumari Ruchi Khanna in FIR, FIR No.17 dated
6.2.1999 under section 498-A IPC Police Station Kotwali, Kapurthala
(Annexure P1). Impugned FIR is quashed qua Kumari Neeraj Khanna and
Kumari Ruchi Khanna and all subsequent proceedings including the order
dated 16.12.2003 (Annexure P4) is also set aside.
With the above direction, petition is disposed of as such.;
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