Rajesh Bindal, J. - (1.) THE prayer made in this petition filed under Section 482 of the Code of Criminal Procedure (for short "the Code") is for quashing of FIR No.366 dated September 17,2006 registered under Sections 323,406,498A, 506 and 34 IPC at Police Station, Pehowa, District Kurukshetra and all subsequent proceedings arising therefrom.
(2.) THE petitioners herein are the widow mother -in -law, brother -in -law (Devar) and sister -in -law (Nanad) of the complainant. Briefly the facts as stated in the petition are that marriage of the complainant took place with the son of petitioner No.1 Balwinder Singh on June 26, 1989. As the complainant was not willing to live in the joint family, she was separated long back and at that time she had taken all her dowry articles while shifting to her separate residence. In fact the petitioners had even transferred a piece of land measuring one acre in the name of the complainant to pacify her but even that did not satisfy her. Marriage in the present case was solemnised in a simple manner without any dowry. Filing of complaint nearly after 17 years of marriage with no previous history of any such allegation shows that the story is concocted and the allegations are patently false. It is further stated that petitioner No.3, who is sister -in -law of the complainant was married about 30 years ago and was living separately in a village about 30 kilometers from the place of residence of the complaint. There are no specific allegations in the FIR against the petitioners. Reply to the petition has been filed only by the State where the factum of complainant residing separate to the petitioners is admitted. There is no denial of transfer of land by the petitioners in her favour. Respondent No.2 -complainant though served but has not filed any reply denying the allegations made by the petitioners in the petition.
(3.) I have heard learned counsel for the parties and with their assistance have perused the paper book.;