RAM SARAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE accused petitioners seek quashment of the order of framing charge by the Chief Judicial Magistrate, Hissar, against them under Sections 406 and 498-A, Indian Penal Code, mainly on the ground that the allegations in the first information report against them regarding maltreatment of Shashi Bala are vague and that the stridhan was stated to have been entrusted to Ram Saran Das petitioner only. It is further averred that Anita Devi, sister of Surinder Kumar, husband of Shashi Bala and Devinder Kumar, brother of the husband were 15 and 16-1/2 years only. Thus, there is not question of entrustment of property to them at the time of marriage of Surinder Kumar with Shashi Bala or maltreatment.

(2.) IN the first information report lodged by Shiv Parshad, father of Shashi Bala, he had simply averred that on the occasion of the marriage on 21-12-1986, certain clothes, furniture and utensils besides an amount of Rs. 55,000/ in cash were entrusted to Ram Saran Dass, father of Surinder Kumar bridegroom. The only allegations against the remaining petitioners are that they had maltreated Shashi Bala on the grouse of having brought less dowry and tried to force her to fetch Rs. 30,000/- from her parents. In view of the tender age of Smt. Anita Devi and Devinder Kumar, petitioners 3 and 5, it rather looks too preposterous to believe that they would have indulged in such like activities although it can be presumed that the mother-in-law and father-in-law would do so. Under these circumstances, the impugned order framing the charge Against these two petitioners is quashed by accepting this petition. No case is made out to interfere in the case of Ram Saran Das, Surinder Kumar and Nirmala Devi petitioner arid these three petitioners, through their counsel are directed to appear in the trial Court on 24-9-1990.