KULBIR SINGH Vs. STATE

JUDGEMENT

(1.) BY the present petition, the Petitioners have challenged the order dated 24th November, 2011 passed by the learned Addl. Sessions Judge in Crl. Rev. P. No. 120/2011 titled as "Kulbir Singh & Ors. vs. Bani Singh & Anr". Vide the impugned order, the learned Addl. Session Judge confirmed the summoning order dated 19th October, 2010 passed by the learned Metropolitan Magistrate in Complaint Case No. 2896/2008 titled as "Bani Singh vs. Kulbir Singh and Ors".

(2.) THE Petitioners have been summoned for committing the offence punishable under Section 406 IPC on the basis of complaint filed by the father of Poonam i.e. his deceased wife on their refusal to return the dowry articles. The impugned order has been challenged contending that as per the provisions of Hindu Succession Act after the death of the wife, the property of a Hindu female dying intestate shall devolve upon her sons, daughters and husband. Since in the instant case, the wife of the Petitioner died intestate and issueless, the property owned by her would devolve upon the husband.

(3.) BEFORE dealing with the question arising in the proceedings, it is pertinent to mention here that before the commencement of arguments, this Court specifically asked the learned counsel for the Petitioner whether he is ready and willing to return the articles even as on date. The answer given by the learned counsel for the Petitioner was that the property has devolved on the husband and the same would not be returned to the parents of the deceased, the summoning order is bad in law in view of the clear provisions of Section 15(1) and 15(2) of the Hindu Succession Act. It has been further submitted that an amount of Rs.6 lacs was received as compensation by the Petitioner from the Motor Accident Claim Tribunal and he was gracious enough to give Rs.1 lakh to the father of the deceased, out of the compensation amount. As nothing is due and returnable to the father of the deceased, his petition be disposed of after considering the merits of this case, in view of provisions of Hindu Succession Act.