RAVINDER PAL SINGH CHAWLA Vs. STATE

JUDGEMENT

(1.) THE facts giving rise to this petition are that on the basis of the complaint filed by the wife, Smt. Kamal Chawla, a case under Sections 498-A and 406, I.P.C. being FIR No. 314/88 was registered against Shri Ravinder Pal Singh Chawla, her husband, Shri K.S. Chawla and Smt. Mohinder Kaur her in-laws. The challan was filed against all these three accused persons, who are the petitioners before me.

(2.) AFTER hearing the Counsel for the parties and going through the record, the Metropolitan Magistrate found a prima facie case against all these three accused persons and ordered framing of charge against them under Sections 498-A and 406, I.P.C. vide his order dated 4.6.1992. This order has been challenged by these petitioners in this petition.

(3.) LEARNED counsel for the state strongly opposed the argument advanced by the learned counsel for the petitioners and submitted that a perusal of the FIR shows the involvement of these petitioners in the said offence. After six months of marriage when the complainant had come to Delhi to live with her in-laws, she was tortured and harassed by her in-laws for not bringing sufficient dowry and she was compelled to bring Rs. 12,000/- from her parents and actually a cheque for Rs. 12,000/- was brought by her in the name of the mother-in-law which was duly encashed in May, 1984. According to the learned State Counsel there are other documentary evidence i.e. the letter dated 18.1.1986 and 8.10.1986, the copies of which are on record wherein the complainant has mentioned about these facts. It is stated that she was given beatings and the jewellery belonging to her was not returned to her despite demand. According to the learned Counsel, for the purpose of framing charge under Sections 498-A and 406, I.P.C. the evidence is sufficient to frame charge against these three petitioners.