AI Structured Summary
Not yet generated for this judgment
Judgment
J.B. Garg, J.
Gian Chand Aggarwal, the father, Ashok Kumar his son and Prabha the wife of Ashok Kumar, have moved the present petition under Section 482 of the Code of Criminal Procedure challenging FIR No. 314 of 2531992 for offences under Sections 406 and 498A of the Indian Penal Code, registered at Police Station City, Karnal.
The facts as alleged are that Devinder Kumar was married to Saroj alias Rita, respondent No. 2. at Karnal on 1911988, that because the husband instituted a petition for divorce the wife manipulated registration of the present FIR and that Saroj has made totally a false allegation that her own husband Devinder had objectionable relations with his own brother''s wife Parbha; that the complainant had been utilising the articles of dowry in the best manner and no particular demand of any article was made; that even now if some articles were lying at the premises of the petitioners they were ready and willing to restore them to the complainant wife.
It appears that the engagement was made in October, 1987 but the marriage was solemnized on 1221989 at Karnal.
On behalf of the petitioners it has been argued that Gian Chand Aggarwal, the fatherinlaw, is widower and the complainant wife has implicated all the members of the family.
On behalf of respondent No. 2, the wife, it has been pointed out that there is a specific allegation in para No. 5 of the FIR (Annexure P1) regarding handing over of cash to Gian Chand Aggarwal, the father.
After perusal of the petition, the reply and hearing it appears that Ashok Kumar, a brother of the husband and his wife Prabha, have been unnecessarily dragged and they had nothing to do with the articles of dowry in the presence of Saroj, the complainant, her own husband Devinder Kumar and Gian Chand Aggarwal, the fatherinlaw. The petition is partly accepted and the proceedings arising out of the FIR in question are hereby quashed qua Parbha, petitioner No. 2, and Ashok Kumar, petitioner No. 3 only. As regards Gian Chand Aggarwal, petitioner No. 1, it stands dismissed. The trial Court at Karnal be informed.