Sandeep Mehta, J. - (1.) The instant miscellaneous petition has been filed by the petitioner seeking quashing of the proceedings going-on against him in the Court of the learned Judicial Magistrate, First Class, Sri Ganganagar in Criminal Case No. 750/2002 (State v. Anoop Singh & ors.) for the offences under Sections 420 and 498-A, IRC arising out of the FIR No. 250/2002 registered at the Police Station, Jawahar Nagar, Sri Ganganagar.
(2.) Succinctly stated, the facts relevant and necessary for the disposal of the miscellaneous petition are that the petitioner was married with respondent No. 2 Smt. Anoop Kaur on 10.3.1993. The complainant-respondent No. 2 filed an FIR against the petitioner and his parents for the offences under Sections 498-A and 420 IPC with the allegations that she was harassed and humiliated by the accused for bringing dowry just after the marriage. It was further alleged that the petitioner was qualified only upto XII standard whereas it was depicted at the time of marriage that the petitioner was a Mobile Engineer. It was also alleged that her husband (the petitioner) and his parents harassed the complainant-respondent No.2 for the purpose of bringing money from her parents so that the petitioner could be sent to Hongkong and Thailand and resultantly the complainant-respondent No.2 gave a sum of Rs.one lac to the petitioner and his parents on 12.02.1994. The petitioner thereafter went to Hongkong and returned back after two months intimating that he could not get the job in Hongkong. The complainant also stated that the petitioner had gone abroad only on a Free-Port Tourist VISA and not on Working VISA, thus, it was alleged that the husband and his parents induced her and cheated her of the amount of Rs.One lac. A daughter was born to the complainant in the month of October 1994 and thereafter again the petitioner as well his parents started harassing and humiliating the complainant for demand of Rs.3,50,000/- so that the petitioner could be sent to United States of America, whereupon the complainant brought a sum of Rs.1,50,000/- from her parents and gave the same to the petitioner, who thereafter left for U.S.A. on 26.11.1994. After that, the parents of the petitioner started to treat the complainant even more cruelty and started demanding a sum of Rs.5,00,000/- for the purpose of construction of a Godown. Ultimately, the mother-in-law and father-in-law of the complainant turned her out from her matrimonial home in the month of December, 1994 after retaining her dowry articles and also detaining her child. Thereafter the complainant went back to her matrimonial home and managed to bring back the child. She stated that she used to have talks with her husband over telephone. A year after this incident of turning the complainant out, a Panchayat was held, in which the dowry articles of the complainant were returned back to her after receiving a sum of Rs.1,60,000/-. She further alleged that the parents of the petitioner used to instigate him to hurl abuses to the complainant whereupon he used to abuse her over telephone. Ultimately, it is alleged that from the year previous to the filing of the complaint, the petitioner stopped conversing with the complainant. The complainant also stated that again a Panchayat was held 15 days prior to filing of the FIR where the parents of the petitioner disclosed that the petitioner had remarried and settled in the United States of America, it has also been stated that when the petitioner went to U.S.A., he had gone with the consent of the complainant and she and her parents had voluntarily given a sum of Rs.1,50,000/- to the petitioner for going to U.S.A.
(3.) The FIR to this effect was filed by the complainant on 05.6.2002, upon which the investigation was commenced and ultimately a charge-sheet was filed against the petitioner under Section 299 Cr.PC. and against his father Anoop Singh and mother Harinder Kaur for the offences under Sections 420 and 498-A, IPC.;