SURJIT SINGH Vs. KUIWANT KAUR

JUDGEMENT

(1.) Surjit Singh a resident of Chhauni Mohalla, Ludhiana was married to Narinderjit Kaur resident of Khalsa Mahalla, Patiala. The aforesaid husband filed a petition for divorce on 15-3- 1977 by the then Additional District Judge, Patiala and the marriage was dissolved. It was thereafter that Surjit Singh married Kulwant Kaur, resident of Hadiabad of district Kapurthala on 30-4-1980. This second marriage of Surjit Singh with Kulwant Kaur of Kapurthala is subsisting. During the subsistence of this marriage, Kulwant Kaur instituted a complaint against Surjit Singh, his parents, brothers and sisters for offences under Sections 406, 420, 495, and 498A of the I.P.C. on 14-10-1987 alleging that valuable articles of Stridhan are lying in possession of her husband and his Other relations and still they remain dissatisfied. Their grievance as greedy persons had been that the marriage was not performed according to the expectations. In the middle of 1980, her in-laws further expected that she should bring a T.V. and a further sum of Rs. 10,000/- in cash from her parents, but she was unable to meet this demand. She was subjected to maltreatment and cruelty and was kicked out from the house. After intervention of some respectable of the Panchayat she was again sent to the house of her husband at Ludhiana in June. After some time, she gave birth to a son but it did not survive. The maltreatment of the complainant-wife was resumed and the jewellery which she possessed was taken into possession by the accused because they proposed to marry an un-married sister of her husband. The complainant attached a list of articles which contains a mention of ornaments, clothes, radio set, ceiling fan, some items of furniture, a make-up box, etc. in respect of which she has alleged that the accused (now petitioners) have misappropriated or committed a kind of fraud and liable for the alleged offences under Sections 406, 420, 495 and 498A of the I.P.C. After recording some evidence Shri G.K. Rai, Judicial Magistrate 1st Class, Phagwara summoned Surjit Singh the husband, Heemat Singh the father, Gian Kaur mother, Ravinder Singh, Paramjit Singh, Anwant Singh three brothers of the husband and Veeran Wali wife of Jodh Singh who had probably arranged the negotiations for this second marriage of Surjit Singh for offences under Sections 406, 420, 495 and 498 A of the I.P.C. on 19-1-1988. The aforesaid order has been challenged by means of this petition under Section 482 of the Code of Criminal Procedure.

(2.) As seen above, the marriage between Kulwant Kaur complainant and Surjit Singh her husband is still subsisting. There have been proceedings of maintenance under Section 125 of the Criminal Procedure Code and it appears that the Judicial Magistrate, Phagwara has fixed maintenance at the rate of Rs. 200/- per mensem for herself and her minor daughter Tejinder Kaur.

(3.) On behalf of Kulwant Kaur complainant her learned counsel has argued that it was a kind of cheating and the case is at a preliminary stage as at present only an order of summoning has been passed by the Judicial Magistrate, Phagwara and no interference is called for. However, it is apparent that Kulwant Kaur was married with Surjit Singh long ago on 30-4-1980 and there is a daughter aged six years out of the wedlock and the second child born recently did not survive, there is no justification to launch prosecution against the husband and other members of his family for the offence under Section 420 of the I.P.C. in respect of the alleged articles of dowry enumerated in the Annexure attached to this petition in the facts and I circumstances of this case. On behalf of the petitioners attention has been invited to Smt. Nirmala Wati & Another v. The State1, where though the dispute related to sale of goods, it was observed that unless there was a dishonest intention at the time when a transaction was entered into, Section 420 of the I.P.C. may not be attracted. In view of the circumstances and reasons discussed above, the present petition succeeds and the proceedings initiated on the basis of a complaint pending in the Court of Judicial Magistrate 1st Class, Phagwara are hereby quashed.