IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-29044 OF 2010 Date of decision : 30.9.2010 Shinder Pal Kaur @ Pushpinder Kaur ….. Petitioner Versus State of Punjab and Others …… Respondents Present : Mr. PPS Tung, Advocate for the petitioner. **** S.S. SARON, J. The grievance of the petitioner is that on the basis of allegations made, respondents No.1 to 3 are liable to be directed to take stern legal action against respondents No.4 to 6 in case FIR No.19 dated 14.2.2004 registered at Police Station Sangat, District Bathinda for the offences under Sections 406, 498-A/34 IPC. In this regard, it is submitted that Sewak Singh who is the brother of the petitioner has submitted an application dated 17.5.2010 (Annexure P6) to the Senior Superintendent of Police, Bathinda (respondent No.2). It is alleged in the said application that he (Sewak Singh) had given sufficient dowry at the time of marriage of his sister namely Shinder Pal Kaur @ Pushpinder Kaur (petitioner). However, after about 6 months, her in-laws family started harassing the petitioner for bringing inadequate dowry. She was beaten in this regard. Her (petitioner’s) medico-legal report dated 29.9.2001 was recorded. Thereafter, FIR No.19 dated 14.2.2004 was registered at Police Station CRM No. M-29044 OF 2010 [2] Sangat for the offences under Sections 406, 498-A and 34 IPC. It is alleged that the accused cleverly with the help of relatives and respectables of the Panchayat agreed to accept the petitioner and keep her with them and also had got the FIR cancelled. After cancellation of the said case, the accused again started harassing and beating the sister of Sewak Singh namely Shinder Pal Kaur @ Pushpinder Kaur (petitioner). The real cause was that the petitioner had no issue. Therefore, the accused demanded money. It is, therefore, requested that a re-inquiry be started against the accused in case FIR No.19 dated 14.2.2004 registered for the offences under Sections 406 and 498-A/34 IPC. The grievance of the petitioner is that the matter in respect of which FIR No. 19 dated 14.2.2004 has been registered at Police Station Sangat requires to be further investigated. In this regard it may be noticed that in Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392 (SC), it was observed by the Supreme Court that if a person is aggrieved against the inaction of the police in not registering the FIR and even after registering it no proper investigation is held, it is open to the aggrieved person to file such application under Section 156(3) CrPC before the learned Magistrate concerned. If such an application under Section 156 (3) CrPC is filed before the Magistrate, the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made. However, a petition under Section 482 CrPC for directing the registration of a FIR is to be done only in some rare and some exceptional cases. Therefore, in the facts and circumstances, the petitioner may avail her other remedy before the learned Magistrate in the first instance. It is CRM No. M-29044 OF 2010 [3] needless to submit that such an application is made, learned Magistrate shall consider the same and dispose of accordingly. Accordingly, the Crl. Misc. petition is disposed of leaving it open to the petitioner to avail her other remedy in the first instance. (S.S. SARON) JUDGE September 30, 2010 amit