PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused petitioners seek the quashment of the case registered against them vide FIR No. 30 dated 1-5-1989 at Police Station Nathana for offences under Sections 498, 406, 506 read with Section 120-B of the Indian Penal Code and subsequent proceedings resulting therefrom including the order of framing the charge by the Chief Judicial Magistrate, Bhatinda for offences under Section 406, 506 and 120-B IPC only, inter-alia on the vagueness of the allegations. This petition was admitted only qua the culpability' of Deputy Ram and Raj Kumar brothers of the husband of Mst. Janko Devi, complainant. The allegations contained in the FIR (Annexure P-1) are as under :-

(2.) I have heard the learned counsel for the parties besides persuing the record. A bare glance through the FIR lodged by Mst. Janko Devi complainant leaves no doubt that there are no specific allegations against Raj Kumar and Deputy Ram petitioner's brothers of the husband regarding entrustment of property forming part of the Istridhan or misappropriation thereof. Keeping in view that in the social set up of Joint Hindu family, the brothers of the husband in the presence of his parents play insignificant role in accepting dowry on the occasion of the marriage of the family members and in retaining the same at the joint house, there is no escape but to conclude that even if the allegations of the complainant contained in the report (P-1) are taken to be true, no case for the above referred offences under Section 406 or 120-BIPC is made out against Raj Kumar and Deputy Ram petitioners. Similarly there are no direct allegations against these two petitioners about having threatened the complainant with dire consequences, if she failed to fetch more dowry from her parents. On the other hand, there are specific allegations against Pawan Kumar husband of the petitioner about having threatened to kill her with dagger.