BALWANT SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure seeking quashment of complaint (Annexure P3) and impugned summoning order dated 13-9-1990 (Annexure P4) to face trial under Section 406/498-A, IPC.

(2.) THIS complaint was filed on 22-5-1590 wherein all the petitioners have been arrayed as respondents. Precisely, allegations in the complaint are that Manjit Kaur daughter of the complainant was married to Balwant Singh, respondent No. 1 on 4-12-1986. Respondent No. 2 Gurcharan Singh is real brother of respondent No.1, No. 3 is mother of respondent No. 1, respondent No. 7 is wife of respondent No. 2, who is brother of respondent No. 1, respondent No 4 is real sister of Balwant Singh, respondent No. 1, respondent No. 5 is real maternal father of Balwant Singh, respondent No 1 and respondent No. 6 Prem Singh is real brother-in-law (Jeeja) of Balwant Singh, respondent No. 1. The relationship of the petitioners inter se is not disputed by either of the parties. Manjit Kaur, daughter of the complainant is stated to have died an unnatural death on 26-3-1990. The precise case made out in the complaint is that at the time of performance of marriage, dowry was given to deceased Manjit Kaur as her Stri Dhan and the said property was entrusted to the accused. During the subsistence of marriage certain acts of cruelty were committed from time to rime demanding more articles of dowry and cash amount. It is also alleged in the complaint that on non-fulfilling the demands, said Manjit Kaur was given maltreatment which ultimately resulted in her death. It is also alleged in the complaint that in fact she has been killed or made to die. The complainant has claimed for return of the Stri Dhan being an heir of deceased Manjit in terms of Section 6(3) of the Dowry Prohibition Act, 1971 as well.

(3.) DURING the course of arguments counsel for the parties have very fairly agreed that proceedings in the complaint against respondents, Harminder Kaur, Ghasita Singh and Prem Singh be ordered to be quashed, resultantly the summoning order as well. And against others namely; Balwant Singh, Gurcharan Singh, Shan Kaur and Gurprit Kaur, the proceedings in the complaint may be allowed to continue.