BALWANT SINGH Vs. SHAMSHER

JUDGEMENT

(1.) SHAMSHER Kaur was married to Surinder Singh on 12-6-198.SICK WORD) at Mandi Gobindgarh. At the time of marriage her parents handed over articles of dowry which were 85 and have been described in detail in Annexure R-1. It has been alleged that there were further demands which her parents could not meet and new she has been turned out and is passing her time with the parents. She has instituted a complaint under Sections 4 and 6, of Dowry Prohibition Act, 1961 and Section 406 of the Indian Penal Code and after recording some evidence the Judicial Magistrate I Class, Amloh summoned the husband, the parents and Surjit Kaur a sister of the husband on 25-9-1989. This order has been challenged by moving the present petition under section 482 of the Code of Criminal Procedure wherein it has been averred that the impugned order has been passed without application of mind and the ingredients of the offence were not there.

(2.) IT is not disputed that Shamsher Kaur was married to Surinder Singh as alleged and she had been residing with the husband and his parents. It appears that recently Surinder Singh the husband has gone abroad and his parents are not even allowing access to the daughter-in-law in respect of the valuables or in other words the articles of dowry which she is claiming in the complaint moved and pending in the trial Court at Amloh. The learned counsel for the petitioners has referred to Gurmej Kaur v. Balbir Kaur, 1988(2) Recent C.R. 399. However, in the aforesaid case it was found doubtful whether the mother-in-law had at all accompanied the marriage party. Here the facts and circumstances are distinguishable and plea of complainant is that most of the articles of dowry had been in possession of the husband and also his parents. The learned counsel for the petitioners has also referred to Krishan Lal and Ors. v. State of Haryana and anr., 1990(3) Recent C.R. 183, where the husband and his parents were found residing at different places and the facts were distinguishable.