SANJEEV Vs. SHER SINGH

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing of criminal complaint (Annexure P-1) titled Sher Singh v. Sanjeev and others dated 14.6.2003 pending in the Court of Sh. J.S. Sidhu, Judicial Magistrate, Ist Class, Karnal filed under Section 406 of the Indian Penal Code ( 'IPC' for short) and the summoning orders (Annexure P-2) issued in consequence thereto.

(2.) Vide the impugned order, the petitioners were ordered to be summoned to face the trial under Section 406 IPC on a complaint moved by father of deceased Kiran Bala, who was married with Sanjeev-petitioner No. 1 on 14.4.2000. Kiran Bala, however, died an unnatural death. FIR No. 267 dated 28.10.2002 was registered against the petitioners and Sanjana Rani under Section under Section 304-B/34 IPC. The petitioners as well as Sanjana Rani were convicted and sentenced under Section 304-B/34 IPC by the Additional Sessions Judge, Patiala. In appeal filed by the petitioners, this Court, vide judgment dated 21.1.2009 in Criminal Appeal No. 165-DB of 2006, maintained the conviction of petitioner No. 1 Sanjeev under Section 304-B IPC and his sentence was reduced from life imprisonment to 14 years of rigorous imprisonment. So far as petitioners No. 2 and 3 are concerned they and Sanjana Rani were acquitted of the charge framed against them. Petitioner No. 1 is presently undergoing his sentence in the said case.

(3.) Learned counsel for the petitioners has submitted that a child aged about nine years was being looked after by the petitioners. The maternal grand mother had filed a petition for custody of the child but the same had been dismissed as withdrawn vide order dated 28.10.2004. The respondent could not claim the dowry articles/Istridhan of his daughter because after her death, her child is her only legal heir to the property and hence the said articles have to vest in the child being legal heir of deceased Kiran Bala.