NARESH KUMAR Vs. CHANCHAL RANI

JUDGEMENT

(1.) This petition is directed by Naresh Kumar, Kewal Krishan Bansal and Usha Rani wife of Kewal Krishan Bansal under Section 482 of Cr.P.C. for quashing complaint No. 111 dated 27.7.2006 bearing caption Chanchal Rani v. Naresh Kumar and others under Sections 406/498-A I.P.C. (Annexure P-1), summoning order dated 31.1.2007 (Annexure P-2) and all the subsequent proceedings pending in the court of learned Additional Chief Judicial Magistrate, Barnala for want of territorial jurisdiction as the alleged occurrence or offence has not been committed by the petitioners within the jurisdiction of courts at Barnala.

(2.) The facts in brief are that the marriage between Chanchal Rani alias Geetanjali and Naresh Kumar was solemnized on 17.10.2004 as per Hindu rites at Barnala. The parents of the complainant gave sufficient 'Istridhan' which was handed over to the accused persons as trustee in the presence of the relatives of the complainant and other respectables with a direction that as and when same are demanded shall be returned to the complainant. The complainant and her husband started residing at Bathinda as husband and wife after marriage. A female child namely Jasika was born on 12.9.2005 from their wedlock. The accused persons being greedy were unhappy over the 'Istridhan' given by the complainant's parents in the marriage. They used to taunt the complainant for having brought lesser dowry. They were telling her to bring Rs.2.00 lacs in cash from her parents in order to purchase more dowry articles. For this purpose, they used to give beatings and disrespect to her in the presence of their relatives and friends. Thus, they had been physically and mentally torturing her. She continued bearing their atrocities by saying that her parents are poor persons and they have already spent much more than their financial capacity on the marriage and they are not in a position to give more cash or dowry. Their behaviour remained cruel towards the complainant. After the birth of female baby, they started remarking that by giving birth to the girl, she has raised an occasion for expenses for them and turned her out of the matrimonial home in three wearing apparels after giving beatings. They told her that she cannot return matrimonial home unless she brings an amount of Rs.2.00 lacs in cash. She alongwith her minor child went to her parental house. After four days, the panchayat went to the house of the accused persons alongwith the complainant and the minor child in order to rehabilitate her. They showed disrespect to the panchayat as well as the complainant and held out a threat that if the panchayat forcibly left her in the matrimonial home, she alongwith her minor child will be physically liquidated.

(3.) I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.