SHARAD DUTT Vs. KIRAN

JUDGEMENT

(1.) This petition has been filed under Section 482 read with Section 397 of the Code of Criminal Procedure (Code for short) for quashing the complaint filed by the first respondent against the petitioners and the order dated 20.1.92 by which learned MM summoned the petitioners for commission of offence under Section 498-A IPC.

(2.) I have heard arguments advanced by learned counsel for the parties.

(3.) The respondent Smt. Kiran was married to the first petitioner Sharad Dutt on 9.12.84. Petitioners 2,3 and 4 are the mother, uncle and wife of the uncle respectively of the 1st petitioner. In the complaint the allegations are that at the time of marriage, parents of the respondent provided all necessacy how; hold articles besides jewellary worth about Rs. 55,000.00 . But expectation of the petitioner were very high. Petitioner No.l is employed in Door Darshan where he is stated to & busy in work from 9.00 AM to 10-11 PM while the respondent is a teacher in J.D.Tytler School. There were taunts given to the respondent by petitioners 2 to 4 while petitioner No.l .deprived her of any meeting time, being away from home for 12 to 14 hours. Therefore, her life name miserable. On account of the humiliating treatment and the taunts given to her by the first petitioner in the last week of June, 1985 at night, "Pack up your things and get out of the house, I will get taxi tomorrow morning. Whatever the accused Nos. 2 to 4 are saying is correct and what your parents and brothers have given to us in the said expenditure of Rs, 2,40.000.00 approximately," she left matrimonial home. She approached the Indian Women Welfare Association, Kirti Nagar, New Delhi on 24.6.86 for .saving her married life. Members of the Association visited the matrimonial home for reconciliation but in vain. They also got her dowry articles restored to her on 3.4.87 in spite of the resistance of petitioner No.3 and a precondition for consent to give divorce. They even compelled her to return the MANGALSUTRA and ear tops. A sum ofRs. 14,000.00 was agreed to be returned by the petitioners because a loan of Rs. 4.000/ - was given by her brother at the time of reception of the marriage and Rs. 10,000.00 being presented to her at the time of marriage.