IMPORTANT POINT
Quashment--Petitioners have been roped in case merely being relatives of husband of complainant--In facts and circumstances, order framing charges against petitioner quashed.

Sabina, J.:-The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (“Cr.P.C.” for short) seeking quashing of order on framing of charge dated 30.4.2007 (Annexure P-7), charge sheet dated 30.4.2007 (Annexure P-8) passed by the learned Judicial Magistrate, Ist Class, Ludhiana order of the learned Additional Sessions Judge (Fast Track Court), Ludhiana dated 4.6.2008 (Annexure P-9) dismissing the revision petition against framing of charge and all subsequent proceedings.

2. Petitioner Nos. 1 and 4 are brothers of the husband of the complainant, whereas, respondent No.3 is the un-married sister of the husband of the complainant. Petitioner Nos. 2 and 5 are the wives of petitioner Nos. 1 and 4 respectively.

3. The case of the complainant, as set out in the First Information Report, is reproduced as under:-

“Application for registration of a case under Section 406, 498-A, 120-B and Protection of Woman from Domestic Violence Act, 2005 against 1. Mukesh Kumar s/o Sh.Ved Parkash Marwaha 2. Asha Rani wife of late Sh.Ved Parkash Marwaha, 3. Rajesh Kumar Marwaha son of late Sh.Ved Parkash Marwaha, 4. Simran wife of Rajesh Kumar Marwaha, 5. Rakesh Kumar son of late Sh. Ved Parkash Marwaha, 6. Meenu wife of Sh.Rakesh Kumar, 7., Poonam daughter of late Sh.Ved Parkash Marwaha all residents of 191, Kidwai Nagar, Near Shiv Shakti Mandir, Ludhiana, 8. Neena wife of Sh.Anil Kumar resident of Denmark. Sir, 1. That the marriage of the applicant was solemnized on 11.2.2004 with the accused No.1 according to Hindu rites and ceremonies. This marriage was solemnized by the mother of the applicant with the help of sister of the applicant and spent about Rs.5,00,000/- on the marriage of the applicant. The mother of the applicant gave items No. 1 to 6 to my husband namely Mukesh Kumar, items No.7 to 9 to my mother-in-law namely Asha Rani, items No. 10 to 18 to my brother-in-law namely Rajesh Kumar, items No.19 to 23 to Simran my sister-in-law (Jethani), items No.24 to 26 to my sister-in-law namely Meenu (Jethani) and items No.27 to 34 to Rakesh Kumar my brother-in-law (my husband’s brother) and items No. 35 to 40 to my elder sister-in-law namely Poonam as per Anexure ‘A’ and the cash receipts and Bills of the items were handed over to the family members of the accused No.1 and these items were given to the accused in presence of Kirpal Singh son of Amar Singh cousin of the applicant and Rajinder Singh son of Sh.Balwant Singh cousin of the applicant and these items were given to the above said accused with the assurance that these items will be handed over to the applicant after reaching the applicant to her in-laws house. But all the accused dishonestly misappropriated all the items given to the applicant and converted the same for their own use.

2. That all the accused were not satisfied with the dowry articles given to accused at the time of the marriage. They started taunting, humiliating the applicant on one excuse or the other. The accused No.1 and his family members started demanding Santro Car from the mother of the applicant. The applicant showed her inability to fulfil the demand of Santro Car because her mother had already spent a huge amount on the marriage of the applicant. Thereafter, all the accused started harassing the complainant only to fulfil their demand of Santro Car. In the meantime the complainant became pregnant during the month of June, 2004. But the applicant did not disclose her mother and sister about the maltreatment by the accused with the hope that after the birth of child, the accused may change their attitude towards the complainant. But the complainant was suffering from Ruptured Ectopil Pregnancy and was operated on 19.7.2004. Thereafter, all the accused became so arrogant towards the complainant. They started harassing the complainant. The information regarding the operation was also sent given to accused No.8 Neena on telephone by the husband of the complainant. She also use