SUSHMA RANI Vs. VEENA RANI

JUDGEMENT

(1.) VEENA Rani was married to Rajinder Kumar on 21. 7. 1980. Parties appear to have fallen out with each other. According to the wife, the cause of dispute was insatiable demand of dowry by husband and other relations of the husband from the wife and on her failure to comply with their wishes, infliction of great cruelty on her. They even tried to burn her. She filed a complaint after all efforts for reconciliation had failed. The complaint was under Sections 406 and 498-A, Indian Penal Code and 4 and 6 of the Dowry Prohibition Act. Five witnesses were examined in preliminary evidence. The learned Judicial Magistrate 1st Class, Sangrur summoned the husband and his father for an offence under Section 406 and all the accused i. e. husband, father, mother, brother and sister of the husband under Section 498-A, Indian Penal Code. The summoned accused filed a revision petition which was dismissed by the learned Additional Sessions Judge, Sangrur on 6. 9. 1990. The sister and both the parents of the husband have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint and the summoning order.

(2.) THE main contention Mr. V. G. Dogra, the learned counsel for the petitioners is that the parents of Rajinder Kumar had been living separately and Sushma Rani sister of the husband had been married and was living in Delhi and they had been roped in order to harass the husband against whom Veena Rani is feeling sore. This, according to the learned counsel, is an abuse of process of Court and, therefore, the inherent powers of this Court should be invoked to prevent failure of justice.

(3.) THE learned counsel appearing for the respondent raised a preliminary objection. He contended that in view of dismissal of the revision petition by the learned Additional Sessions Judge, the present petition does not lie by describing the same as a petition under Section 482 of the Code of Criminal Procedure. According to the learned counsel, in fact the present petition is nothing but a second revision petition which is expressly barred under Section 397 (3) Cr. P. C.