SOMA WATI Vs. STATE OF UNION TERRITORY

JUDGEMENT

(1.) CASE , First Information Report No. 148/87, under sections 406/498-A/120-B of the India Penal Code has been registered against Smt. Soma Wati and others, at Police Station Sector 39, Chandigarh. The proceedings on the basis of that FIR are pending.

(2.) THE brief facts are that the complainant was married to Lalit Kumar, accused No. 2 on 29.5.1986 at Chandigarh. Both of them cohabited together at village Khizrabad till November 1986 Thereafter relations between the parties became strained and in August 1987. Smt. Bimla Devi filed a complaint to the Superintendent of Police, UT Chandigarh, making allegations of cruelty and criminal breach of trust, respecting her dowry articles ?.

(3.) SO far as letters Annexures P2 and P3 are concerned, they cannot be said to be authentic documents and till proved, no conclusion can be arrived at. If letter Annexure P3 is considered to be authentic, it speaks of some estrangement between the husband and wife, as Ram Murti was writing to was writing to Sudarshan Kumar and Lalit Kumar, Lalit Kumar should not come to take Bimla Devi. They were, however, welcome to make a visit if so desired. There is no evidence that there had been some negotiations between the parties at some stage, whether the dowry articles had been returned to Smt Bimla Devi. Notice Annexure P4 also speaks of Lalit Kumar's visit to the house of his in-laws to request Smt Bimla Devi to return. A child was also born in 1987. In this notice also, there is no reference to the parting of Smt Bimla Devi and her husband's returning of dowry articles. In every Indian marriage, some presents in the form of dowry are given to the bride and she becomes entitled to its return. It cannot, thus, be said that the allegations of Smt Bimla Devi complainant to the Police for offence under Section 406 of the Indian Penal Code are without basis and would amount to abuse of process of law.