UMA SHANTI Vs. RAVI KANTA

JUDGEMENT

(1.) THE Petitioners through this application filed under section 482 of the Code of Criminal Procedure, 1973 seek quashment of the complaint Annexure PI and the order dated 3-10-1989 (Annexure P2) whereby the petitioners on the complaint of Mst. Ravi Kanta wore summoned by the trial Court to face trial for offence under Section 406, Indian Penal Code.

(2.) THE brief resume of facts relevant : for the disposal of this petition is, that Mst. Ravi Kanta complainant was married with Parshotam Dev, petitioner No. 3 on 8-5-1975. She was blessed with a son now aged about 15 years and a daughter now aged about 14 years. Both the children are residing with their father. Unfortunately, the family relations became strained and Mst. Ravi Kanta filed an application on 11.4.1984 under section 125 of the Code claiming maintenance from her husband. The trial Court awarded Rs. 100/- per month as maintenance allowance vide order dated 24.4.1984. On revision; maintenance allowance was enhanced to Rs. 250/- per month vide order dated 14.8.1986 passed by Additional Sessions Judge, Hoshiarpur. Both the parties then filed revision petitions before the High Court which were dismissed on 1-11-1988. During the pendency of the proceedings, under section 125 of the Code, Mst. Ravi Kanta also filed an application on 19-4-1984 for the custody of her children under Guardians and Wards Act. The Court dismissed this application on 8-10-1986. The complainant then filed the present complaint dated 31-5-1989 alleging that some gold and silver ornaments, utensils and clothes which formed the Stridhan have been misappropriated by the accused-petitioners. The trial Court after recording the evidence of the complainant as well as of her father Buta Ram that she had been turned out and there are no chances of reconciliation. To crown it all, she kept on sleeping over this matter for full five years. It is not denied that the complainant failed to contend even in the proceedings under section 125 of the Code or in the application before the, Guardians and Wards Court for the custody of the children that the present petitioners misappropriated her ornaments and other articles forming her stridhan. Under these circumstances, there is considerable force in the contention of the learned counsel for the petitioners that the pendency of these proceedings would amount to harassment of the petitioners and abuse of the process of the criminal Court.

(3.) THE decision of two Judges of the Supreme Court including Murtaza Fazal Ali, who was also member of the Bench which decided Smt. Nagawwa's case (supra), in Municipal Corporation of Delhi's (supra) cannot be said to be running contrary to the above-referred principles as in para 8 of the judgment, after relying upon its earlier view in Smt. Nagawwa's case (supra) the above-referred principles were reiterated.