Harjeet Kaur vs State of Haryana and Another

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 482 Cr.P.C. seeking quashing of FIR No. 96 dated 26.03.2008 registered at Police Station City Jagadhari under Sections 406, 498-A, 506, 34 IPC.

In the present case, complainant has specifically stated that she was tortured and given beating by the petitioner also, for bringing less dowry.

Counsel for the petitioner has stated that no date and time of alleged beating has been given, therefore, it cannot be said that allegations are specific.

FIR is not encyclopedia. It is only for initiation of criminal proceedings. It is during trial that statement is made by the witness. She can be duly confronted with her previous statement. She can improve and explain. What is the effect of explanation and improvement is in the realm of appreciation of evidence. Therefore, no case is made out to quash the FIR as prayed by the petitioner. This Court cannot exercise its jurisdiction u/s 482 Cr.P.C. in the facts and circumstances of the case.

However, taking into consideration that petitioner is married sister of husband of the complainant and she is having separate matrimonial home, her personal appearance before the trial Court is exempted, subject to her filing an undertaking that she shall cause her appearance as and when required by the trial Court. She shall also file an undertaking that the evidence, if any, recorded in her absence but in the presence of her Counsel, shall be binding upon her. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused.

With these observations, present petition is disposed off.