RICHHPAL KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Richhpal Kaur and others have come up with a criminal miscellaneous under section 482 of the Code of Criminal Procedure for quashing of the complaint dated 9.2.87 (Annexure P1) and the summoning order dated 3.1.89 (Annexure P2) passed by the learned Chief Judicial Magistrate, Sirsa and the orders of the learned Addl. Sessions Judge, Sirsa dated 16.1.90.

(2.) THE petitioner have been summoned by the Courts of the Chief Judicial Magistrate, Sirsa for offence under section 323 and 498-A read with section 34 of the Indian Penal Code on the basis of a complaint filed by Jaswant Singh, Respondent No. 2 herein. Smt. Gurmit Kaur sister of Jaswant Singh was married to Sukhdev Singh respondent according to Anand Karaj ceremony and out of this wedlock, a daughter named Kulwinder Kaur was born. The complainant alleged that the petitioners and Sukhdev Singh were not satisfied with the dowry articles given at the marriage and the presents given at the time of birth of the child About 13 months earlier, Jaswant Singh had taken his sister to leave her back at her in-laws house and was accompanied by his mother. Harbhajan Singh elder brother of Sukhdev Singh and sister's son of Harbhajan Singh and Trilochan Singh caused injuries to Jaswant Singh, Gurmit Kaur and his mother. A case under section 326 IPC was registered against them. In-laws of Smt. Gurmit were pressurising her to compel her parents to get a compromise effect, to which they did not agree. On 2.12.87 at about 3 p.m. Gurmit Kaur and her daughter, accompanied by Mohinder Singh and Kashmir Singh came to his house. Smt. Gurmit Kaur was crying and on enquiry, she disclosed that today, at about 10 p.m., Sukhdev Singh, her mother in-law Smt. Richhpal Kaur, his brother's wife Smt. Amrik Kaur and niece Lakhwinder Kaur remarked that, in the first instance, she had brought less dowry and that now she was not getting a compromise effected. Smt. Gurmit Kaur told them that in both these matters, she could not help them. All the aforesaid four persons then attacked her and caused her injuries. She raised a raula attracting Mohinder Singh and Kashmir Singh who rescued her. When Mohinder Singh and Kashmir Singh asked them, they would maltreat her and kill her. Then they turned her out of the house, along with child. Mohinder Singh and Kashmir Singh had confirmed the statement made by Smt. Gurmit Kaur. Jaswant Singh, then accompanied by his father and members of the Panchayat, namely Uttam Chand and Wasawa Ram went to the house of her in-laws and talked to them and the petitioners. Sukhdev Singh affirmed that they had given beatings, as she had brought less dowry and did not get the compromise effected. On the next day, he took Smt. Gurmit Kaur to the hospital and got herself medically examined.

(3.) HOWEVER , with respect to charge under section 498-A, IPC, the allegations made in the complaint do not make out an offence. Section 498-A provides as under :