HARBANS LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARVEEN author of the First Information Report was married to Naresh' Kumar a hotlier of West Germany at Hotel Shiraz, Queens Road Amritsar, on 23rd November, 1987. Jewellery and cash was given as dowry Accused did not feel, satisfied with it and pressurised Parveen to being Rs 20000/- and a few more electric appliance more from her parents. On her refusing to do so they harassed her mentally and tortured her Physically thereby indulging in cruelty punishable under Section 498-A of the Indian Penal Code.

(2.) BRIDE Parveen went to Germany twice over; initially on 1st June, 1988 and thereafter on 13th August, 1988. On the first visit she was sent back to India on 13th July, 1988 and after the second visit Naresh Kumar-her husband turned her out of her matrimonial home in West Germany on 4th September, 1988. Ever since thereafter she is living in her parents house at Amritsar with effect from 5th September, 1988.

(3.) IN First Information Report No. 10 registered against the petitioners in Police Station D Division, Amritsar on 19th January, 1989 under Sections 420/406/498-A, 494 and 495 of the Indian Penal Code it has been asserted that she was duped into marital ties with Naresh Kumar on the false representation of the accused petitioners that he was still a bachelor, that in the course of her two visits to West Germany she detected that Naresh Kumar was already married to one Mira and was having children from her; that after marriage the accused had perpatuated cruelty to her, both physically and mentally by asking her to bring another Rs. 20,000/- cash and a few electric appliances from her parents, that in the course of her stay in her materimonial home in West Germany she was treated with cruelty and pressurised to work as bonded labour for cleaning utensils in the restaurant and that dowry articles having not been returned to her the accused are guilty of breach of trust in terms of Section 406 of the Indian Penal Code as well.