Sonia Arora vs State of Punjab

Bakhsish Kaur, J.—Sonia Arora, petitioner, was married to Subhash Chander Kataria on December 6, 1996. The articles of dowry were give in the wedding, which included gold and silver ornaments. It is alleged that soon after the marriage, she was subjected to cruelty and her in-laws started making demands of dowry articles. On November 18,1997, the petitioner submitted an application to the Senior Superintendent of Police, Moga-respondent No. 2, for registration of the case against the accused. The case was registered on December 7, 1998, but Kashmir Kaur, Assistant Sub-Inspector, returned the petitioner''s application on December 4, 1998 by making such observations that Subhash Chander Kataria contracted the marriage deceitfully merely in order to go to Canada and cheated her, that there is no fault of his father and brother Satish Kataria; and that only Subhash Chander Kataria is responsible for the action to be taken.

As the police did not take any action on the application dated November 18, 1997 of the petitioner for a fortnight, therefore, the petitioner filed criminal complaint on December 2, 1998, against the accused named in the First Information Report under Sections 406, 498-A, 420, 506, read with Section 34. Penal code. Now, when the F.I.R. has been registered on December 7, 1998, therefore, the proceedings in the complaint cannot be taken. In fact those are required to be stayed or clubbed with the F.I.R. The investigation in the aforesaid F.I.R. has come to stand still on account of the observation made by Assistant-Sub-Inspector Kashmir Kaur exonerating all the accused except Subhash Chander Kataria. With this background, the petitioner Sonia Arora filed this petition u/s 482, Code of Criminal Procedure, for quashing the arbitrary observations incorporated on December 4, 1998, by Kashmir Kaur, Assistant Sub-Inspector, Incharge Women Cell, in the F.I.R. Annexure P-I.

I have heard the learned Counsel for the petitioner and carefully perused the records. For proper appreciation of the matter, in question, the observations made by Kashmir Kaur, Assistant Sub-Inspector-Incharge Women Cell, on December 4, 1998, incorporated in the F.I.R. Annexure P-l, are reproduced as under :

"As far as dowry given by Sonia Arora is concerned it is clear from the statements of the witnesses that the marriage of the couple was simple, where in only one ring and one suit was given and this does not come under the purview of Istridhan. So the allegations levelled under the Dowry Prohibition Act against the accused have not been proved. In this case there is no fault of his father and brother Satish Katatia, only Subhash Chander Kataria is responsible".

These observations made on the basis of an alleged inquiry prior to the registration of the First Information Report should not be hinderance or stand in the way of the investigation of the case. These observations cannot form part of the First Information Report lodged by the petitioner. The conclusions regarding the innocence or guilt of a person would certainly depend on the statements of the witnesses examined during the trial. It appears that on account of these observations giving a clean chit of innocence to the aforestated accused by Assistant Sub-Inspector Kashmir Kaur, while holding an inquiry, which certainly forms part of the F.I.R further investigation in this case has been stalled. As a consequence thereof report u/s 173, Code of Criminal Procedure, has not been submitted to the Court.

In the result, the aforesaid observations made by Kashmir Kaur, Assistant Sub-Inspector-Incharge Women Cell, on December 4, 1998 incorporated in the F.I.R. are hereby quashed. The Investigating Agency is directed to proceed with the investigation of the case registered vide FIR No 231 dated December 7, 1998 [Annexure P-l] and after the completion of the investigation, in accordance with law, to submit the report u/s 173, Code of Criminal Procedure, as early as possible.