Kirshana Rani @ Krishna Devi vs State of Punjab

G. S. Chahal, J.

First Information Report 122 dated 16486 was registered at Police Station Ferozepore, on the basis of an application moved by Smt. Nirmal Kanta, respondent No. 2. After investigation the challan has been put in the Court. The Chief Judicial Magistrate framed charges for offences under sec. 494 read with S. 34 IPC, 498A, 506 and 406, Indian Penal Code against the present petitioners who are close relatives of Baljit Kumar, husband of respondent No. 2. In the present criminal miscellaneous brought under see. 482 of the Code of Criminal Procedure, the petitioners pray for quashing of the FIR, as we)] as the charges.

Respondent No. 2 moved an application to the Senior Superintendent of Police for registration of a case against her husband and his relations (the present petitioners). She stated in the application that her marriage was performed with Baljit Kumar on 16486, by her mother, her father having died earlier. Soon after the marriage, her husband started teasing her on the pretext that people give scooter, colour TV etc. in marriage while no such articles had been given to her. Her husband and his relations started making remarks that they would perform second marriage. She was given repeated beatings and every time, the matter went to the Police, but was hushed up. On one day, Kerosene was sprinkled on her in order to burn her. The matter was again reported to the police. She kept mum due to helplessness and poverty of her mother. She had then learnt that her husband had developed illicit relations with a notorious and bad woman, named Madhu, whom he was keeping at Ludhiana. Baljit Kumar had hem taking Madhu on Railway passes, which had been got issued in the name of respondent No. 2 and Smt. Madhu had since given birth to a child at Panipat from his relationship. The petitioners had a hand in the Keeping of Smt. Madhu by Baljit Kumar. Her husband had given her beating and turned her out of his house. She had got herself medically examined to that effect. She requested that a case be registered against these persons for demanding dowry and for trying to burn her by sprinkling kerosene; by solemnising second marriage of the respondenthusband with Smt. Madhu and giving birth to an illegitimate child.

The allegations made in the complaint are, thus, against Baljit Kumar, husband of respondent No. 2 in developing illicit relations with Smt. Madhu; keeping her as a wife who had given birth to a child; his giving beating to her and turning her out of his house. So far as the petitioners are concerned, the allegation is that they had a hand in the matter of Baljit Kumar Keeping another woman. There is some vague allegation of previous occurrence that they had sprinkled Kerosene on her in an attempt to burn her.

There is no specific allegation of the petitioners having abetted the offence of bigamy, resulting in the marriage of Baljit Kumar with Smt. Madhu if Baljit Kumar had illicit relations with Smt. Madhu, which resulted in the birth of a Child. The present petitioners cannot be held criminally liable for the same. The allegation of giving beating on 30.12.1988, is only against Baljit Kumar. There are vague allegations of some previous occurrence of giving her beating and sprinkling of kerosene. No date or time of this occurrence is mentioned. There is no allegation of misappropriation of Istri Dhan of the respondent by any of the present petitioners. On the allegations made in the complaint, no criminal offence against the present petitioners is made out and thus the framing of the charges under Secs. 494/34, 498A, 506 and 406 must be quashed.

I, therefore, accept the criminal miscellaneous and quash the impugned FIR and the charge''s qua the petitioners.