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1996 Supreme(P&H) 180

K.K.SRIVASTAVA
Sultan Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

K.K.Srivastava, J.

1. Heard learned Counsel for the petitioner and the respondent. The petitioner Sultan Singh is the father-in-law of the complainant Smt. Sashi Bala (since deceased) seeking quashing of F.I.R. No. 20 dated 28.1.1994 Police Station Jhajjar registered under Sections 498- A/406, Indian Penal Code. The grounds on which the F.I.R. is sought to be quashed, stated briefly, are as under:-

(i) No specific date and time has been mentioned in respect of the alleged demand of dowry items comprising of colour T.V., refrigerator and a plot of land. The FIR lacks in the details i.e. mode and manner of demand;

(ii) There are no specific names of persons, time and date of alleged beatings to the complainant Shashi Bala regarding the demand of dowry items;

(iii) The complainant has since died and the averments made in the FIR were within the specific and exclusive knowledge of the wife-complainant and the same cannot now be legally established;

(iv) The offence was committed at Bahadurgarh but the FIR was lodged at Jhajjar and the case is also pending in the Court of a Magistrate at Jhajjar. Under Section 177, Criminal Procedure Code, it has been averred, ordinarily the pla













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