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MANISHA BATRA
Parveen Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The present petition has been filed by the petitioners under Section 482 of Code of Criminal Procedure seeking quashing of FIR No. 111 dated 09.05.2023, registered under Sections 406, 498-A of IPC, at Police Station City Kapurthala, District Kapurthala.
2. Brief facts of the case relevant for the disposal of the present petition are that the above mentioned FIR was registered on the basis of a complaint submitted by respondent No.2-Kirti Sood, who is daughter-in-law of the petitioners, alleging therein that she got married with Karan Sood, son of the present petitioners, on 30.11.2017 according to Hindu rites and ceremonies. On the demand of her in-laws family, the function of ring ceremony was performed at Chandigarh. At the time of marriage, several gold ornaments were given to members of her in-laws' family. Huge amount of money was spent on the marriage. She alleged that four months after their marriage, her husband had gone to Switzerland and thereafter, the other members of his family had started maltreating and harassing her. She was sent to her parental house to do IELTS course on the pretext that she would be taken to Switzerland thereafter. S
The court upheld that specific allegations in the FIR constituted a prima facie case for dowry demands and harassment, warranting continuation of proceedings under Section 482 Cr.P.C.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases. The veracity of the allegations in the FIR should be tested by the investigating agency, and the cou....
General allegations without specific acts do not establish a prima facie case for dowry death under Section 304B IPC, warranting quashing of the FIR.
The High Court can quash FIRs against individuals named in dowry harassment cases when allegations are general, vague, and lack specificity, preventing abuse of the legal process.
The court's decision was influenced by the application of the guidelines for quashing of FIR as laid down by the Hon'ble Apex Court, emphasizing the limited jurisdiction of courts in exercising power....
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