HARNAM KAUR Vs. AMARJIT KAUR

JUDGEMENT

(1.) The respondent-complainant, Amarjit Kaur was married with Inderjit Singh petitioner No. 3 on 23.1.1977 at village Sardargarh, District Bathinda. It is the allegation in the complaint (Annexure P-1) filed by Amarjit Kaur the several articles of down worth about Rs. 1,50,000/- had been given at the time of the marriage and that the same had been entrusted to Inderjit Singh and to his mother Harnam Kaur and his sister Khushal Kaur accused and as the same had not been returned despite requests, a case under Sections 405/406 of the Indian Penal Code and Section 6 of the Dowry Prohibition Act had been made out. It was also pleaded that the relations between the respondent-complainant and her husband Inderjit Singh, were strained on account of the age difference between them leading to incompatibility as Inderjit Singh was our years younger to her in age. The trial Court after recording preliminary evidence, summoned the three accused under Section 406 of the Indian Penal Code vide order dated 2.2.1993 (Annexure P-2)

(2.) The present petition under Section 482 of the Code of Criminal Procedure has been filed impugning the complaint and summoning order.

(3.) It would be clear from the facts brought on the record that the marriage between the parties had taken place on 23.1.1977 on which occasion the property had allegedly been entrusted to the accused. The complaint had admittedly filed on 23.7.1992. i.e. after a lapse of almost fifteen years. It is also apparent that the offence under Section 406 of the Indian Penal Code can bring about a maximum sentence of three years. In view of the provisions of Section 468 of the Code of Criminal Procedure- 1974 no cognizance could be taken on the complaint filed after more than three years. The complaint was thus time barred. The complaint (Annexure P-1) and the summoning order (Annexure P-2) are accordingly quashed.