KAMLESH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this petition under Section 482 of the Code of Criminal Procedure, the petitioners seek the quashment of the case registered against them vide first information report No. 246, dated 17-12-1989, Annexure P-3 for offence under Sections 406/498a of the Indian Penal Code at Police Station Panchkula on the ground of vagueness of the allegations and the contradictory version of Mst. Anita Sharma, complainant in the report lodged by her at Police Station Panchkula on 13-12-1989 and the first information report.

(2.) THE brief resume of relevant facts figuring in the first information report is that the marriage of Mst. Aneeta Sharma, complainant, was solemnised with Narinder. Sharma, accused on 31st October, 1989, accordding to Hindu religious rites. Some articles of dowry, fully described in Aunexure A appended to the report, were handed over to Narinder Sharma and the latter's father Shri Bhag Ram Sharma on the occasion of the said marriage. Ravinder Sharma, accused-petitioner, is the brother of the husband of the complainant, while Smt. Beena Sharma accused is the wife of Ravinder Sharma and Smt. Kamlesh Sharma accused-petitioner, is the wife of Surinder Sharma, another brother of the husband. After about a week of the marriage, the present three petitioners along with Narinder Sharma, husband of the complainant, started maltreating, harassing and torturing the complainant for bringing less dowry and not fulfilling their demand of Rs. 1,00,000/ -. It is further stated that the husband of complainant is addicted to alcohol and gambling and used to beat the complainant mercilessly oh many occasions for no rhyme or reason. The complainant apprised the accused that her parents were not in a position to make_ arrangements for Rs. 1,00,000/ -. It is further mentioned that on 10-12-1989,- Narinder Sharma, husband of the complainant beat her mercilessly at the exhortation of other accused besides threatening to kill her at the point of pistol, if she failed to fetch the said amount of Rs. 1,00,000/ -. On her refusal, she was turned out of her in-laws house by all the accused. The parents of the complainant accompanied by Sunil Dutt then went to the house of the accused in the village in order to persuade the accused to rehabilitate the complainant besides expressing their inability to pay Rs. 1,00,000/- as demanded by Narinder Sharma, but Narinder Sharma accused remained adamant and flatly refused to maintain her. It is further averred that Narinder Sharma lost tamper and tried to assault his parents-in-law stating that he is going to Canada on 27-11-1989 and would not keep the complainant at all. The parents of the complainant then demanded back from the accused all the articles of dowry as mentioned in Annexure A but the accused flatly refused to return the same.

(3.) THE complaint was initially lodged in the Court of Shri Dharamvir Singh, Judicial Magistrate, 1st Class, Ambala, who got registered the above referred cases after due enquiry.