JAGDISH SINGH BEDI Vs. SUKHMINDER KAUR

JUDGEMENT

(1.) THIS order of mine will dispose of Criminal Miscellaneous Nos. 3280-M of 1989 and 9172-M of 1988, as in both these applications a prayer has been made for quashing the complaint dated January 11, 1988 (as this complaint was filed against all the eight petitioners in these two applications by Sukhminder Kaur) and the summoning. order, dated February 20, 1988 of the Judicial Magistrate, First Class, Rajpura Camp at Fatehgarh Sahib, summoning the eight petitioners in these two applications.

(2.) IT is alleged in the complaint by Sukhminder Kaur that Marriage between her and accused Jagdish Singh Bedi was solemnised on November 11, 1984 at Sirhind City, Tehsil Fatehgarh Sahib, according to Anand Karaj ceremonies and that at the time of her marriage she received substantial presents and ornament, clothes, furniture and other household articles from her parents and relations. The parents of the complainant having confidence in the accused persons on account of fiduciary relationship between them entrusted the articles mentioned in Annexure 'A' at the time of marriage to the accused persons in consideration for the marriage of the complainant and accused No. 1 along with so many other items of property. It is further stated in the complaint that the abovesaid items of property mentioned in Annexure 'A' became her istridhan at a doubtful daughter-in-law of accused Nos. 2 and 3 and dutiful wife of accused Jagdish Singh Bedi. The complainant demanded back the jewellery and other articles mentioned in Annexure 'A' which were entrusted to the accused persons at the time of marriage between the complainant and accused Jagdish Singh Bedi, but the accused persons flatly refused to return any one of those articles to the complainant. It is stated in the complaint that the accused had misappropriated the dowry articles given to them at the time of her marriage. It is further stated in the complaint that when the complainant failed to bring additional dowry of Rupees Twenty Thousand and a motor-cycle demanded by the accused, they started, taunting, torturing and beating the complainant and, thus, the ill-treatment by the accused persons and plain refusal by the accused persons to keep the complainant in their house ultimately forced the complainant to stay with her mother and brothers since June 16, 1986 at Sirhind City. In consequence to the filing of the complainant, the learned Judicial Magistrate summoned all the accused in the complaint except Accused Nos. 7 to 13. Against the summoning order of the learned Judicial Magistrate, dated February 20, 1988. Jagdish Singh Bedi petitioner (in Criminal Miscellaneous application No. 3280-M of 1989 and seven other petitioners in Criminal Miscellaneous Application No. 9172-M of 1989) have filed these Applications for quashing the complaint, dated January 11, 1988 annexed as Annexure P1 with both the petitions as well as the summoning order, dated Feb. 20, 1988, passed by the learned Judicial Magistrate, on the following grounds :

(3.) CONSEQUENTLY , the Criminal Miscellaneous Application (No. 3280-M of 1989) filed by Jagdish Singh Bedu, is dismissed and Criminal Miscellaneous Application No. 9172-M of 1988 preferred by Jarnail Singh Bedi and Balbir Kaur is partly allowed to the extent, indicated above. Order accordingly.