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2024 Supreme(Online)(P&H) 11944

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

253 CRM-M-44621-2024 (O&M) Date of Decision: 12.11.2025 RIDHIMA KAD ..... Petitioner VERSUS STATE OF PUNJAB AND ANR ..... Respondents CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. Hitesh Chopra, Advocate and Ms. Anjali Rani, Advocate for the petitioner.

Mr. Yadwinder Singh, AAG, Punjab.

Mr. Ritesh Pandey, Advocate for respondent No.2.

*****

KIRTI SINGH, J.

This third petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.177 dated 28.09.2018 under Section 498-A of IPC, registered at Police Station City Batala, Police District Batala, District Gurdaspur (Annexure P-1) and all the subsequent proceedings emanating therefrom, including the final report under Section 173 Cr.P.C. (Annexure P-2).

2. Factual matrix The facts in brief, as culled out from the case file, are that the instant FIR was registered on the statement of respondent No.2, who alleged that at the time of her marriage with Ashish Kad on 30.04.2013, sufficient dowry articles were given by her parents. However, her husband, parents-in- law and sister-in-law (present petitioner) were dissatisfied with the dowry.

Shortly after her marriage, the in-laws of respondent No.2 started raising demands for a car, and subjected the complainant/respondent No.2 to maltreatment and harassment. It was further alleged that at the time of the birth of her child, the parents of respondent No.2 incurred substantial expenses, yet the in-laws demanded more money. Pursuant thereto, the complainant brought Rs.1,00,000/- twice from her parents, but the harassment allegedly continued. It was the allegation that the husband of respondent No.2 under the influence of liquor, used to give beatings to her and even to their minor child. Ultimately, she was turned out of her matrimonial house, after giving beatings, by her in laws, on the demand of money, and ever since she is living with her parental family at her parental house. Upon registration of the instant FIR, investigation was carried out and challan was presented on 06.11.2020.

3. Submissions made by learned counsel for the petitioner Learned counsel for the petitioner, inter alia, contends that the petitioner, who is the sister-in-law of respondent No.2-complainant, is the sole surviving accused in the present FIR. The death certificates of the parents-in-law and husband of respondent No.2 are annexed as Annexure P-

4 to P-6.

It is submitted that the petitioner has been falsely implicated in the instant case, which was registered due to the matrimonial discord between the complainant and her husband, for the sole reason of her being the sister-in-law of the complainant/respondent No.2. The FIR, insofar as it concerns the petitioner, does not contain any specific or direct allegations. There is also no other material available on record except the bald statement of respondent No.2-complainant. Learned counsel for the petitioner submits that even in the earlier inquiry conducted by the jurisdictional police authorities, the petitioner was categorically found innocent, as reflected in the inquiry report dated 15.09.2017 (Annexure P-9). It is contended that during the said inquiry, all parties were associated and their statements recorded, and the inquiry officer clearly concluded that the father-in-law, mother-in-law, and the petitioner–sister-in-law had no role in any alleged harassment or dowry demand. The recommendation was confined solely to the husband of respondent No.2, for proceedings under Section 498-A IPC. Despite such exoneration, the FIR has been registered against the petitioner under undue pressure.

It is further submitted that initially, a compromise was effected between the parties, and on two occasions, petitions for quashing of the FIR on the basis of said compromise were filed. However, on both occasions, respondent No.2-complainant did n

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