ASHWANI KUMAR Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) By this petition under Section 482, Cr. P.C" the petitioners have prayed for an order "to quash the criminal proceedings initiated against them vide F.I.R. No. 131/89 dt. 10-9-89 registered at P.S. Geeta Colony, East Delhi (Ann. B) and the process issued by Metropolitan Magistrate, Shahdara, East Delhi vide its summoning order dt. 21.11.89 (Ann. E)".

(2.) The FIR was lodged by Suman Sharma against her husband Ashwani Kumar, father-in-law Ram Parkash, brothers-in-law Satish and Vijay, and mother-in-law Tara Wati, petitioners 1 to 5 respectively. On receipt of the FIR, the police registered a case under Section 406/498-A, Indian Penal Code against the petitioners.

(3.) Counsel for the ptitioners has contended, on the basis of Pratibha Rani v. Suraj Kumar and another, A.I.R. 1985 S.C. 628, that the information given by Suman does not show entrustment of the dowry items by her to the petitioners nor the misapprooriation thereof by them; and, therefore, that the offence under Section 406, Indian Penal Code has not been made out. With regard to the offence under Section 498-A, IPC, he has urged that the allegations of cruelty made by Suman against the petitioners are belied by the fact that she did not come forward to corroborate similar allegations that were made to repose a petition filed by her husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights which resulted in a decree dated 26th of May 1990 against her. Further, he has contended that the allegations made in the FIR are vague, and hence no specific offence can be said to have been made out against any of the petitioners.