KARTAR KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE accused petitioners through this petition Under Section 482 of the Code of Criminal Procedure, 1973, seek the quashment of the first information report No. 428, dated 26-11-1987 of Police Station Ambala City for offences Under Section 498-A and 406 of the I. P. C. and further proceedings resulting therefrom, inter alia, on the ground that the Magistrate Under Section 156 (3) of the Code of Criminal Procedure cannot direct the police to register a case and can only order investigation into the matter. It is also averred that there are not specific allegations regarding the entrustment of the Stri Dhan or dowry and maltreatment and cruelty,

(2.) THE brief re'sume' of facts relevant for the disposal of this petition is that Mst. Bakhshish Kaur, complainant, filed a complaint, copy Annexure P-1, before the Chief Judicial Magistrate, Ambala, which reads as under :-" 1. That the complainant was married to accused No. 1 on 12-12-1985 according to Hindu rites at Ambala City and out of the wed lock 3 female children were born to the accused on 10-11-1986. (2) That accused No. 1 is the husband of the complainant and accused No. 2 is the father-in-law and accused No. 3 is the mother-in-law and accused Nos. 4 and 5 are the brothers-in-law (viz Jeth and Dewar respectively of the complainant ). (3) That at the time of the celebration of the marriage articles detailed in the list Annexure 'a' were given by the mother of the complainant and her relations in the form of gifts and present for the use of the complainant which included costly items of jewellery golden. (4) That at the time of marriage the complainant was employed as a Staff Nurse and was serving at Medical College Rohtak and drawing a handsome salary of Rs. 1,200/ - per month. (5) That immediately after the marriage, the complainant found her husband and other relation mentioned in the heading of the complaint to be greedy person who started looking the complainant to bring more money and other articles as they were not satisfied with the dowry (gifts and presents) given by the relation of the complainant in her marriage. The complainant was not (sick) and also whenever she came on leave with the result that the complainant was charge-sheeted by the Hospital authorities which resulted in stoppage of several increments which caused untold pecuniary losses to the complainant and thus the harassment of the complainant started even within one (year) of her marriage and ultimately the complainant was forced to leave the job at Rohtak and was asked to join at Bhalla near Karnal by her in-laws. (6) That the complainant joined at Bhalla PHC near Karnal on 10-4-1987. Even there the cruelty perpetrated by her husband and her relative suffered in the heading of the complaint never stopped and they coercing the complainant to bring more dowry and they demanded Rs. 25,000/in cash and also a colour T. V. and since the complainant has no father, thus she was unable to meet the unlawful demands made by her husband and relations referred above and on her refusal to do so she was physically belaboured by her brother-in-law viz. Jeth and Dewar and also by her husband and after 29-4-1987 the husband of the complainant and also her relations have not allowed the complainant to enter her matrimonial house unless she brings more dowry items viz. Rs. 25,000/- in cash and a colour T. V. and other articles viz. dining table with 8 chairs. (7) That the articles referred to in Annexure 'a' annexed with the complaint were entrusted to accused Nos. 1 to 5 at the time of marriage which they have misappropriated to their own use after 29-4-1987 when the complainant has been turned out of her matrimonial house after maltreatment and physical beating which the accused persons were adverting to during the period which the complainant stayed in her matrimonial home. (8) That after joining at Balla PHC near Karnal the accused persons have been sending various seld raps to her and have been wielding threats to her that she would be done to death or raped if she overstayed in village Balla and on account of the threats the complainant took initially a leave for 23 days and thereafter a leave for 1 1/2 months and joined on 26-10-1987. (9) That during the period of her stay in her matrimonial home the complainant was subjected to various type of cruelty viz including physical beating and also taunts and questions coercion by relative of her husband referred above for bringing insufficient dowry and also to meet their unlawful demands and all possible efforts made by the brotherhood to rehabilitate the complainant in her matrimonial home to prove futile. The accused and her relations have not dissuaded themselves from committing cruelty. Hence this complaint. (10) That during the period of her stay in her matrimonial home the complainant was accused by her husband and her relations to be elderly in age to her husband and accused persons have been threatening the complainant that they would marry her husband over again and openly stated that they had absolutely no liking for the complainant. The complainant was bearing abovereferred heaps of cruelties by the accused persons with the conviction that her husband would turn out some time and will also persuade his relation to keep the complainant cordially at her matrimonial home but all hopes belied when she was not allowed to enter the matrimonial home after 29-4-1987 and the dowry items detailed in Annexure 'a' were not returned by the accused persons when they were so demanded by her and her relations in the Panchayat. The Panchayat included Shri Dharamvir, the brother-in-law (Jeeja), Harmohinder, elder sister of the complainant, Jasbir, an elder sister of the complainant and Shri Joginder Singh brother of the complainant who repeatedly made persuasion to the accused persons to rehabilitate the complainant but they every time demanded Rupees 25,000/- in cash, a colour T. V. , a dining table etc. and the members of the Panchayat also demanded that since the complainant has been turned down from her matrimonial home the accused persons should return the articles detailed in Annexure 'a' which was her Stri Dhan but accused persons failed to oblige the complainant and her relations. (11) That the accused persons have committed offences punishable Under Sections 498-A and 406, IPC within the cognizance of this Hon'ble Court. It is, therefore, prayed that the complaint may kindly be made over to the police for registration of a case and for investigation or any other appropriate order may kindly be passed and the accused persons be dealt with according to law. "

(3.) THE Chief Judicial Magistrate without taking cognizance of the offence on this complaint, vide order, copy Annexure P-2, forwarded the complaint to Police Station Ambala City for registration of a case and investigation.