KAPOOT SINGH AHLUWALIA Vs. ANITA

JUDGEMENT

(1.) RESPONDENT Anita filed against her husband, parents-in-law and sister of her husband complaint Annexure P. 1 in the court of learned Judicial Magistrate Ist Class, Kaithal, under sections 406 and 498-A of the Indian Penal Code alleging criminal breach of trust in respect or her articles of dowry on their part and cruelty meted out to her by them through repeated beatings at intervals for coercing her to bring more money from her parents for purchase of fridge, coloured T. V., scooter and visit of her husband abroad.

(2.) PARENTS of husband and his sister have Jointly filed Criminal Misc. No. 9891-M of 1989 for quashing the complaint on the grounds that Criminal Court at Kaithal had no jurisdiction to entertain it, that there is no allegation obtaining therein of entrustment of any particular item of dowry to any particular respondent in the complaint and that parents of the husband as also his sister are living separately in their ancestral house/matrimonial home respectively and as such allegation of demands for more dowry and cruelty levelled against them are all groundless.

(3.) IT has been urged on behalf of the petitioners with reference to the observations made in Zora Singh and another v. The State of Punjab, 1984(1) Recent Criminal Reports 380 : 1984(1) Chandigarh Law Reporter 75, Shori Lal and others v. Smt. Nisha and another, 1989(1) Recent Criminal Reports 276 and Kishan Sharma and others v. State of Haryana and others, 1989(2) Recent Criminal Reports 13 that no specific allegation of entrustment of any particular dowry article to anyone from amongst the three petitioners having been made, no offence under section 406 of the Indian Penal Code is made out against anyone of them and, therefore, the complaint is liable to be quashed.