ANGREZ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed by Angrez Singh and others for quashing of complaint dated 16th September, 1989, filed against them for the offences under sections 406, 498-A and 109, Indian Penal Code, and section 4 of the Dowry Prohibition Act, 1961 (hereinafter called the Act).

(2.) THE brief facts leading to the filing of this petition are that Angrez Singh petitioner No. 1 was married to Sudershan Kaur. respondent No. 2 on 3rd March. 1938 according to Sikh rites. It is averred that respondent No. 2 left the matrimonial home on 15th April, 1988, and thereafter did not return to her marital home. Petitioner No. 1 applied for restitution of conjugal rights under section 9 of the Hindu Marriage Act on 26th August, 1989. and those proceedings are still pending. The present complaint has been filed on 16th September, 1989, in which various allegations have been levelled against the petitioners.

(3.) MR . S. S. Randhawa, appearing for the respondents, has, however, brought the judgment reported as Harinder Kaur v. State of Punjab, 1989(2) Recent CR 583, wherein a contrary view appears to have been taken.