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2001 Supreme(P&H) 679

K.C.GUPTA
Usha Bala – Appellant
Versus
State Of Punjab – Respondent


Judgment

K.C.Gupta, J.

1. Briefly stated, the facts are that Usha Bala, petitioner, was married with Som Nath son of Sh. Ram Dass of entrusting any movable property belonging to respondent No. 2 to the petitioner. He also contended that the FIR had been lodged with mala fide and malicious intention with a view to unnecessary harass her.

2. A perusal of the FIR, Annexure P-2, shows that it is mentioned in it that the petitioner unnecessary interfered in their married life and had given threats to finish her. Counsel for the petitioner contended that the petitioner had never given any threats and she was not in a position to give any threat and in fact she had got nothing to do with the married life of Som Nath and respondent No. 2. It appears that the petitioner had been named only due to some jealousy or mis-understanding. Empty threats does not prima-facie mean that the case u/s 506 IPC is made out against the petitioner. Hence, in face no case is made out against the petitioner. Consequently, FIR No. 313 dated 18.7.1999 u/s 406/498-A IPC of police Station Sadar Patiala is quashed qua the petitioner only.

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