KULVINDER KUMAR Vs. RAMNIK GOEL

JUDGEMENT

(1.) COMPLAINT Annexure P/5 under Section 406, 498-A, 323 and 506 read with Section 34 of the Indian Penal Code was filed by respondent wife against her husband, his two brothers, her mother-in-law and the sister of her husband for their refusal to return her stridhan and other dowry articles, perpetuation of cruelty after marriage to pressurise her to bring more dowry, extention to her by them of the threats of her life and beating her at intervals of accomplish their design.

(2.) ALL the five persons aforesaid arrayed as accused in the complaint Annexure P/5 have filed Criminal Misc. No. 7271-M of 1988 for quashing the complaint Annexure P/5 on the grounds that identically similar complaint Annexure P/1 was got filed by the wife on 1st September 1986, therefore, filing of same complaint over again is obviously an abuse of the process of the Court. It was also asserted that in the maintenance application filed under Section 125 of the Criminal Procedure Code the respondent had himself stated that she had taken away her stridhan to her House No. 903, Sector 18-A, Shivaji Nagar, Ludhiana, and was, therefore, unnecessary dragging the petitioner to Court for nothing. On these allegations it was asserted that the complaint was obviously an abuse of the process of the Court.

(3.) I have heard Sari U. S. Mann, Advocate, for the petitioner, Shri Vijay Jhanji, Sr. Advocate, with Mr. Om Parkash Sharma, Advocate, for the respondent and have carefully gone through the relevant material brought on record by the two parties.