VINOD KUMAR GOYAL Vs. UNION TERRITORY

JUDGEMENT

(1.) This petition i.e. Crl. Misc. No.7675-M of 1989 Re : Dr. Vinod Kumar Goyal etc. v. Union Territory, Chandigarh and another as well as Crl. Misc. No. 1164-M of 1990 Re : Bharat Bhushan Goyal v. Union Territory, Chandigarh and others, relate to quashment of impugned first information report No.170 of 1988 under Ss.406/498-A. 323 384 506 and 120-B of the Indian Penal Code registered at Police Station (West) Chandigarh and consequent proceedings taken thereunder including the charge framed by the Judicial Magistrate Ist Class, Chandigarh on 8-8-1989, against the accused-petitioners. As common questions of law and fact are involved, both these petitions shall be disposed of by one order.

(2.) In brief 's facts relevant for the disposal of these petitions, as emerge from the impugned first information report, are that the marriage of the complainant with Bharat Bhushan Goyal was solemnized on 10-4-1988, at Bhatinda On that occasions father of the complainant-wife and his other relations had given various gifts and cash, which were handed over to the husband and also to his parents excepting them to give all these articles to the complainant-wife as and when required. After the marriage, the accused-petitioners started maltreating the complainant-wife for bringing inadequate dowry. After living at Bhatinda for one day the complainant-wife came to Chandigarh. Her husband Bharat Bhushan Goyal was working as Lecturer on deputation in Rohtak University. On 12-4-1988 after showing his resentment that the dowry given was quite meager. Bharat Bhusan husband of the complainant-wife left for Rohtak. The father of the complainant-wife tried to pacify Bharat Bhushan but he was adamant and did not come to Chandigarh up to 16-5-1988. On receipt of message from father-in-law, complainant-wife was sent to Bhatinda. Rupees 30,000/ - were given on that occasion by wife's father, out of which Rs. 10,000.00 were given to the accused and remaining amount of Rs. 20,000.00 was kept in the account of the wife. On 27-4-1988, the husband was transferred to Chandigarh where he lived with his wife up to 20-5-1988. During this interval Rs. 40,000.00 more were given by the wife's father to his son-in-law Bharat Bhushan Goyal but maltreatment of the wife continued, and, ultimately she was turned out on 16-8-1988 from her matrimonial home. On 21-6-1988, the husband gave slaps to his wife who was studying in Punjab University, Chandigarh. Besides, it was pleaded that jewellery and other valuable articles including T.V., Scooter and Clothes etc. were not handed over to the wife and that all the accused-petitioners acted with cruelty towards her. in order to compel her to bring more dowry.

(3.) The learned counsel for the parties were heard.