The High Court rejected the petitioner's plea to quash an FIR under sections 406 and 498-A IPC. The court held that the marriage could not be termed void without a court challenge and that dowry allegations remain valid despite the marriage being a love marriage.
The prayer to quash the FIR under sections 406 and 498-A IPC was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cr.Misc. NO. M 14110 of 2009
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 14110 of 2009 DATE OF DECISION 25.5.2009
Ravinder Singh
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. Sukhjit Singh, Advocate. M.M.S.BEDI,J.
The petitioner is the husband of Paramjit Kaur. He seeks quashing of the FIR u/s 406/498-A IPC, registered at the instance of Paramjit Kaur alleging that dowry articles had been given by per parents and that the petitioner and his family members had started humiliating her on account of demand of dowry.
Learned counsel for the petitioner has contended that the marriage of complainant with the petitioner was a run away love marriage. The petitioner had been disinherited by his parents on account of the said marriage. The probability of dowry articles having been given to the petitioner is remote on the face of it. The complainant was earlier married and that she had obtained divorce from her earlier husband on 21.11.2007 whereas the complainant had married the petitioner on 12.2.2006. The marriage being void, the continuation of proceedings against the petitioner are an abuse of the process of the court,as such these deserve to be quashed.
I have heard learned counsel for the petitioner and considered the facts and circumstances of this case. Challan has already been presented against the petitioner. The marriage of the petitioner with the
Cr.Misc. NO. M 14110 of 2009
2
complainant on 12.2.2006 cannot be said to be a voidable marriage as the petitioner has not produced any material on record to indicate that the validity of the marriage of the petitioner with the complainant stands challenged before any court of law till date. The allegations of demand of dowry cannot be considered as improbable merely because it was a love marriage. No opinion can be expressed regarding the cruel treatment attributed to the petitioner in the FIR. No ground is, therefore, made out for quashing of the FIR.
Dismissed.
Nothing said the in the order will prejudice the right of the petitioner to challenge the truthfulness or the credibility of the allegations levelled by the complainant Paramjit Kaur in the FIR.
May 25 ,2009 ( M.M.S.BEDI ) TSM JUDGE
3 issues framed by the court
Whether the FIR alleging dowry harassment and criminal breach of trust under s. 406/498-A IPC should be quashed.
Whether the marriage being a love marriage makes the allegations of dowry demand improbable.
Whether the continuation of proceedings against a void marriage constitutes an abuse of the process of the court.
1 provisions across 1 enactments
Ravinder Singh
State of Punjab
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
