SADHU RAM Vs. KISHAN KUMAR

JUDGEMENT

(1.) The present petition under S.482 Cr.P.C. is directed against an order dt. Oct. 27, 1984 of Shri P.D. Jarwal, Metropolitan Magistrate, Delhi directing on the complaint of Krishan Kumar respondent (hereinafter referred to as the complainant) the summoning of the present petitioners in respect to commission of an offence punishable under S.420 IPC.

(2.) On Mar. 16, 1983, Sunita daughter of the complainant was married to Khem Chand, petitioners 1 and 2 are the parents, petitioners 3 and 5 are the brothers, petitioners 4 and 6 respective wives of the said brothers and petitioners 7 to 9 are the sisters of said Khem Chand. The marriage was unsuccessful one.

(3.) The allegations of the complainant are that he was cheated inasmuch as although Khem Chand was suffering from mental disorder, yet that fact was deliberately concealed from him before the marriage took place. The contention of the complainant is that not only that there was concealment, on the other hand there were all praises and admirations of good health, competence and business acumen of Khem Chand and it was represented that he was earning between Rs. 4000/- to Rs. 5000/- per month on account of good running of his business. The grievance of the complainant, therefore, is that had the fact about the mental disorder of Khem Chand been known, he would not have agreed to marry his daughter, an only female child and would not have spent money, which was more than rupees one lakh, on marriage.