Bhushan Kumar Meen vs State Of Punjab & Ors

3. The appellant's marriage was solemnized with the respondent No.2 on 27.11.2004 as per Sikh rites. After their marriage, the couple went to Gujarat where the appellant was employed with Patronet L.N.G. Limited in District Bharuch, Gujarat, and lived together as husband and wife, though no child was born out of the said wedlock. Subsequently, differences arose between the appellant and the respondent No.2 which resulted in a complaint being made by the respondent No.2 on 12.5.2006 to the Senior 3 Superintendent of Police, Patiala, requesting that a criminal case be registered against the appellant under Sections 406 and 498-A IPC.

The said complaint was forwarded to the Women's Cell in Patiala, which made a detailed inquiry into the allegations made by the respondent No.2 against the appellant. After such inquiry, the Women's Cell came to the conclusion that even in spite of the periodical differences between the appellant and the respondent No.2, they continued to maintain their relationship as husband and wife. From the report it appears that even after she left Gujarat, at the instance of her husband she returned to Gujarat in January 2006, and, thereafter, they visited Mount Abu, Bombay, Shirdi, Udaipur, Jaipur, Delhi and Gandhinagar, and both of them even went to Ambala to attend the retirement function of her mother-in-law, but after reaching Ambala she left for Patiala 4 instead of going with the appellant to the Zirakpur. The Women's Cell also found that the respondent No.2 had great love for her parents and as a result she wanted to stay with them more often. Even on the question of dowry, it was found that the entire complaint had been exaggerated and that the respondent No.2 was determined to teach her husband and his family members a lesson by levelling serious allegations against them. The ultimate conclusion arrived at by the Women's Cell was that nothing had come out from the inquiry to prove the demand of dowry and issuance of threat, and that the dispute was of a civil nature which did not call for any action by the local police at the said stage.

5. After further inquiry, the Superintendent of Police, once again came to the conclusion that 6 the appellant had harassed the respondent No.2 which merited the registration of a case against the appellant under Section 498-A IPC.

Coupled with the above, is the observation of the Senior Superintendent of Police, Patiala, that after meeting the couple he was of the view that the matter did not relate to a dowry 9 offence and that the dispute appeared to be of a civil nature.

11. We are unable to agree with the reasoning of the learned Single Judge, since from the entire records available it is clear that the complaint made by the respondent No.2 did not make out a prima facie case to go to trial under Section 498-A IPC.

12. In such circumstances, we are inclined to accept Mr. Aggarwal's submissions that no offence under Section 498-A IPC had been made out against the appellant and the complaint was, therefore, liable to be rejected and the FIR was also liable to be quashed.

13. The appeal is accordingly allowed. The impugned order of the High Court is set aside and the FIR lodged by the respondent No.2 against the appellant, and all the proceedings taken on the basis thereof, are quashed.