VIJAY KUMAR Vs. SUNITA

JUDGEMENT

(1.) This is a petition under S. 482 of the Code of Criminal Procedure, invoking the inherent jurisdiction of this Court, filed by the petitioners for getting quashed the proceedings of Criminal Case No. 55/96, pending in the Court of Additional Chief Judicial Magistrate, Pichore, District Shivpuri.

(2.) The facts of the case leading to filing of this petition may be summarised thus : The respondent No. 1-Sunita was married to the petitioner No. 1-Vijay Kumar on 9-12-1993 at Pichore District Shivpuri. The petitioner No. 2-Hari Shankar and respondent No. 2-Ajay Kumar are father-in-law and brother-in-law ('Jeth') of the respondent No. 1-Smt. Sunita. The respondent No. 1-Smt. Sunita filed a private complaint for the offence under S. 406 of the Indian Penal Code against the petitioners and respondent No. 2, alleging therein that at the time of marriage she was given cash, silver and golden ornaments and other articles by her parents and other relations, as narrated in paras 2 and 3 of the petition, and thus, the said property was her Stridhan. It was further alleged by her that the said property was entrusted, for the sake of safe custody, to the accused persons, namely, petitioners and respondent No. 2 at Jhansi, the place of her 'in-laws.' She further alleged in her complaint that thereafter, with the connivance of her mother-in-law and sister-in-law ('jethani') her duly aforesaid entrusted Stridhan property was misappropriated by the petitioners and respondent No. 2 and, thus, they had committed the offence of criminal breach of trust, punishable under S. 406 of the Indian Penal Code. The said private complaint was registered in the Court of Additional Chief Judicial Magistrate, Pichore District Shivpuri as Crime No. 55/96. The petitioners and respondent No. 2 were summoned.

(3.) On the basis of the above facts the petitioners have approached this Court, invoking its inherent jurisdiction under S. 482of the Code of Criminal Procedure, and prayed for the relief stated above. I have heard the learned counsel on both the sides at length, and have gone through the papers filed by the parties.