AMIT AHUJA Vs. GIAN PARKASH BHAMBRI

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. for quashing Complaint No. 12 dated 15.05.07 (Annexure P-l), the summoning order dated 02.7.08 (Annexure P-2) passed by the Court of Judicial Magistrate Ist Class, Patiala, and, all the subsequent proceedings, arising therefrom, has been filed by Amit Ahuja s/o Late Sh. Kamlesh Chander Ahuja, resident of 212-B, Al Quassis, Dubai through his lawful Special Power of Attorney holder, Indu Ahuja wife of Late Sh. Kamlesh Ahuja r/o H. No. 1007, Sector 38B, Chandigarh.

(2.) The facts, in brief, are that, the marriage between Gauri daughter of the complainant and Amit Ahuja, petitioner was solemnized, through 'Chuni Chadai' ceremony, on 09.09.03, at Patiala. Thereafter, the marriage was registered on 12.09.03 and, ultimately proper 'Phera ceremony' as per Hindu religious rites, was performed, on 07.02.04, at Patiala. At the time of marriage, sufficient articles of dowry, and a cash amount of Rs. 4 lacs, were entrusted to the petitioner, and his co-petitioners (non-applicants). Prior to the solemnization of marriage, the petitioner, represented himself, to be an employee of SMB Computers, at Dubai, and, claimed that, his brother namely Ashish Ahuja, was a permanent resident of USA, whereas his mother, was settled in Chandigarh. Gauri and Amit Ahuja left for Dubai, in the month of February, 2004, after having a short stay, in India. In fact, the petitioner was seving with SMB Computers Distributors of Samsung, and was of Peripheral Gulf Visa. Soon after the marriage, Gauri daughter of the complainant, was subjected to cruelty, in connection with the demand of more dowry. While living in Dubai, in the month of February, 2004, the daughter of the complainant, was harassed by her husband, to get arranged ticket, from the funds of her father. The daughter of the complainant tried her best, to keep her in-laws happy, but in vain. Ultimately she returned to India, and narrated the entire incident, to the complainant as a result, whereof, a Panchayat was convened, wherein, the accused, were also summoned but no amicable settlement, could be arrived at. On 22.7.05 the daughter of the complainant, went to Dubai and found the apartment of the petitioner locked. Thereafter, she stayed with her friend and, ultimately, resided as a paying guest, at Sharjah and returned to India on 01.09.05. Ultimately, the daughter of the complainant, obtained an ex parte divorce, from the petitioner, but her in-laws refused, to return the dowry articles, entrusted at the time of marriage. Left with no other alternative the aforesaid complaint was filed.

(3.) After recording the preliminary evidence, the trial Court, summoned the petitioner and his co-petitioners (non-applicants), to face trial, for the offences, punishable under Sections 406 and 498A IPC.