High CourtsSingle Bench(2006) 05 P&H CK 0181

Daljit Kaur and another vs Sarbjeet Kaur and another

Punjab And Haryana At Chandigarh · Decided on 17 May 2006

HON’BLE JUDGES
H.S. Bedi, Acting C.J.
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 14925-M of 2005

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Judgment

2 paragraphs · 228 words

H.S. Bedi, A.C.J.—This petition has been filed by Daljit Kaur and Rupinder Kaur, who are the sisters of Onkar Singh, husband of respondent No. 1 Sarbjeet Kaur, for quashing of FIR No. 81 dated 8.5.2003, under Sections 406/498-A of the Indian Penal Code, Police Station, Mukerian, District Hoshiarpur.

2.

As usual in such cases allegations with regard to the dowry allegedly entrusted by the complainant with her husband and his family have been made. It appears that the marriage between Sarbjeet Kaur and Onkar Singh had been solemnised on 13.10.2002 and on that day petitioner No. 2 was only sixteen years of age. The FIR in question had been lodged on 8.5.2003, which would make petitioner No. 2 about 17 years at the relevant time. It is, therefore, clear that petitioner No. 2 would be a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. Even otherwise, I find the allegations levelled against her to be wholly vague. This petition is thus partly allowed, the FIR with respect to petitioner No. 2 Rupinder Kaur is quashed and the petition qua petitioner No. 1 Daljit Kaur is dismissed. However, on the request of the learned counsel for the petitioners, the personal appearance of petitioner No. 1 Daljit Kaur before the trial Court is exempted till such time the Court makes a specific order in that regard.