IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-22928 of 2011 (O&M) Date of decision : 29.7.2011 Deepika Rani ....Petitioner Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Parminder Singh, Advocate for the petitioner. ..... MAHESH GROVER, J. This petition has been filed under the provisions of Section 482 Cr.P.C. praying for independent investigation/probe in the registration of FIR by the petitioner regarding the illegal abortion of the fetus and the prayer is that the matter be got investigated from the Crime Branch of the State Detective Agency. Further prayer that has been made is for recovery of the educational certificates/dowry articles and adding of provisions under Sections 312 and 313 IPC. The dispute inter se between the parties is originating from a marital discord. FIR regarding the allegation that the petitioner was subjected to illegal abortion of fetus already stands registered on 4.7.2011. This petition has been filed barely three weeks after the registration of the FIR. It is not conceivable as to what has prompted the petitioner to approach this court so soon after the registration of Crl.Misc.No.M-22928 of 2011 (O&M) -2- the FIR and what leads to the impression that the investigation is not likely to be fair and proper. A perusal of the FIR shows that apart from the primary allegations that have been made regarding abortion of fetus the entire narration regarding giving of dowry and demand of dowry etc. have also been made. On due consideration of the matter, I am of the opinion that the anxiety of the petitioner to settle scores with the respondents cannot form the basis of the exercise of power under Section 482 Cr.P.C. which is meant only to be exercised to thwart the abuse of process of law and to act in the interest of justice. The invoking of power under Section 482 Cr.P.C. in the backdrop of the given set of circumstances is rather a complete abuse of the process of the court as well apart from it being the process of law. The petitioner with her magnified sense of injury has approached this Court within a period of three weeks of the registration of the FIR which is not a sufficient period or an inordinately long period to lead to an inference that the efforts be made by the police or either deficient, inadequate or biased. At the time of making of the submissions much of the grievance of the petitioner was centred around the return of the educational certificates of the petitioner and by making a prayer under Secton 482 Cr.P.C. has tried to persuade this Court that provision of Sections 312 and 313 IPC be also added and the certificates be got recovered from the respondents. I am afraid such a prayer also cannot be granted for the reason that the petitioner has made primary allegations and the narration has been taken note of by the official respondents who have Crl.Misc.No.M-22928 of 2011 (O&M) -3- got the FIR registered. If subsequently it leads to addition or deletion of any offence, it is for the investigating agency to decide and the petitioner cannot dictate at the threshold that the matter be investigated in a particular way which is to her liking. In the opinion of this Court, the instant petition is completely misconceived and is an outright abuse of the remedy of filing a petition under Section 482 Cr.P.C. Consequently, the same is dismissed with costs of Rs.10,000/-. 29.7.2011 (MAHESH GROVER) JUDGE dss