Present: Mr. J.S.Chahal vs Unknown on 15 December, 2009

             CRM-M No.21333 of 2008

             Anmol Kahlon @ Anmol Kaur

                           vs.

             State of Punjab & another


Present:     Mr. J.S.Chahal, Advocate
             for the petitioner.

             Mr. A.S.Brar, Sr. DAG, Punjab.

             Mr. R.S.Athwal, Advocate
             for the complainant.
                   ****

This is a petition filed under Section 482 of Cr.PC for

quashing FIR No.221 dt. 11.06.2008 at PS Tripuri, Patiala under

Sections 406, 498-A IPC.

The FIR has arisen due to differences between the

brother of the petitioner and his wife. Learned counsel for the

petitioner has argued (which is not disputed) that the

complainant is married to the brother of the petitioner and, since

he was a permanent resident of America left India within two

months. He further argues that the petitioner is unmarried sister

and question for entrustment of any property to her would

normally not arise. He has further argued that by now marriage

between the complainant & the brother of the petitioner has been

annulled and thus, the continuance of further proceedings

against the petitioner at least is illegal and unfair.

Learned counsel for the complainant has however

argued that the decree of the annulment has been obtained by

fraud.

Be that as it may, if the complainant is able to
CRM-M No.21333 of 2008 -2-

establish this fact, of course, action would be taken against the

brother of the petitioner or any person who is involved in the

fraud. Learned counsel for the petitioner has produced before me

an attested copy of the passport of the brother of the petitioner

which shows that he did visit India during the pendency of the

petition.

In these circumstances, as matters now stand, in my

opinion, it would be in the interest of justice, if the FIR is

quashed against the petitioner.

December 15, 2009                         (AJAY TEWARI)
sonia                                         JUDGE