L.N. Mittal, J.@mdash(Oral) Ram Sarup, his son Aman Kumar alias Babli and latter''s wife Geeta Rani have filed this petition u/s 482 of the Code of Criminal Procedure (for short, Cr. P. C.) for quashing of FIR No. 203 dated 25.8.2000, under sections 406, 498-A IPC, Police Station City Abohar, District Ferozepur, Annexure P/1.
2. Learned counsel for the petitioners does not press the instant petition qua petitioner nos. 1 and 2.
3. Dismissed as not pressed qua petitioner nos. 1 and 2.
4. As regards petitioner no. 3, it is contended that marriage of the complainant with Sanjeev Kumar (son of petitioner no. 1 and brother of petitioner no. 2) took place on 24.4.1992 whereas marriage of petitioner no. 3 with petitioner no. 2 was held on 13.1.1997 i.e. almost five years after the marriage of the complainant with the brother of husband of petitioner no. 3 and therefore, the question of petitioner no. 3 having been entrusted with any dowry article of the complainant would not arise and the question of harassment to the complainant by petitioner no. 3 would also not arise. There is considerable force in the contention. Marriage of petitioner no. 3 with brother of husband of complainant took place almost five years after the marriage of the complainant and so no dowry article of the complainant could have been entrusted to petitioner no. 3 and, therefore, question of mis- appropriation of the dowry articles of the complainant by petitioner no.
5 would not arise and petitioner no. 3 would also not harass the complainant keeping in view the relationship of petitioner no. 3 with the complainant as well as keeping in view the dates of marriages of petitioner no. 3 and the complainant.
6. In view of the aforesaid, I am of the considered view that the prosecution of petitioner no. 3 would be an abuse of process of court which has to be prevented by this Court in exercise of inherent powers u/s 482 of Cr. P. C. Accordingly, the instant petition qua petitioner no. 3 is allowed and the impugned FIR No. 203 dated 25.8.2000, under sections 406, 498-A IPC, Police Station City Abohar, District Ferozepur, Annexure P/1 is quashed against petitioner no. 3 only, along with all consequential proceedings arising there from.
Personal appearance of petitioner Nos. 1 and 2 in the trial court shall remain exempted except when specifically directed to be present in the court by the trial court.
