ANIL BHARDWAJ Vs. STATE

JUDGEMENT

(1.) So far as the merits involved in the case, no opinion can be expressed at this stage. The factual aspects will receive adjudication in due course when the parties have led their evidence. Suffice it to say that the police investigation has so far resulted in registeration of a case under Section 406 Indian Penal Code ., and filing of challan on its basis. The trial court has summoned the accused after considering those challan papers whether a prima facie case is made out or not. Apart from this, there have been some observations by Mr. M. A. Khan, Additional District Judge, Delhi, in the penultimate paragraph of his detailed judgment dated 30-3-1983 by which he dismissed the petition for divorce moved by Anil Bhardwaj, the husband against his wife Nirmalesh under Section 13 of the Hindu Marriage Act. After extensively discussing the evidence led by the parties before him, he had observed as under:-

(2.) Nirmalesh complainant and Anil Bhardwaj were married on 31-1-1979. They, however, hardly lived for 1 1/2 month together, and according to Nirmalesh she was turned out on 12-3-1979 when she and her parents were unable to fulfil the further dowry demands of Anil Bhardwj and his parents. The attempts for reconciliation and admittance of the complainant back to the matrimonial home by her relations and a Women's Organisation did not bear fruits. Instead Anil Bhardwaj filed a divorce petition on 21-7-1980 against the complainant in which allegations of cruelty and non- comsumniation of marriage were made. During its course the wife moved a petition under Section 27 of the Hindu Marriage Act on 23-9-1980 for return of her ornaments, clothes and other things retained by the husband, as according to her she was turned out with the clothes she was wearing. The husband too later moved a petition under the same provisions on 4-11-1980. On 30-3-1983 the learned Additional District Judge in an 89 pages' detailed judgment, after discussion extensively the evidence produced before him dismissed the divorce petition holding that there was no cruelty on the part of the complainant, and in fact she had been the victim of dowry demands which could not be fulfilled, and, therefore, turned out. During its course, the aforesaid observations were made. As already stated above, an appeal by the husband against that judgment is pending.

(3.) Nirmalesh complainant filed a report with the police on 26-5-1982 under Section 406/34 Indian Penal Code . against Anil Bhardwaj and his parents with allegations that they had retained her ornaments, articles of furniture, clothes etc. which had been given to her by her parents in dowry at different times before, during and after the marriage. The mother of Anil Bhardwaj was taken into custody, but later released on bail, while the other two obtained anticipatory bail. The police thereafter raided their house on 23-6-1982, and recovered a number of articles, refrigerator, clothes etc. They were later given by the court on superdari to Nirmalesh on 10-8-1982. Finally challan against the three accused was filed in court on 27-11-1982, and the court finding that a prima facie case was made out, summoned the accused. It is against this summoning that the present criminal revision has been moved by Anil Bhardwaj and his parents.