HARSH VARDHAN ARORA Vs. KAVITA ARORA

JUDGEMENT

(1.) THE petitioners seek quashing of complaint dated 23.7.1994 (Annexure P-3) filed by Kavita Arora under Sections 406 and 498-A IPC in the Court of Judicial Magistrate, Amritsar and the subsequent proceedings taken therein.

(2.) HARSH Vardhan Arora, his father Ved Parkash Arora, brothers Kamal Arora and Vijay Arora, Smt. Vina wife of Kamal Arora and Smt. Kanchan wife of Vijay Arora had visited the house of the father of the complainant on 2.2.1986 at the ring ceremony. On the said ceremony the parents of the complainant spent Rs. 10,000/-. Thereafter the marriage of complainant with Harsh Vardhan Arora was performed at Kanpur on 19.4.1986. An expenditure of Rs. 80,000/- was incurred for the reception of the Barat. Out of this wedlock, one female child was born. After one week of the marriage all the above named accused came to the house of the parents of the complainant at Amritsar and the dowry articles detailed in the list enclosed with the complaint were entrusted to them. They were specifically informed that these articles were meant for the use of the complainant. The accused stayed 2-3 days at Amritsar and thereafter left for Kanpur along with dowry articles. Right from the inception of the marriage, the accused used to taunt the complainant, for insufficiency of dowry and harassed and coerced her to force her parents to arrange for the cash amount and additional dowry articles. She was subjected to beating by all the accused on 3-4 occasions. Father of the complainant visited the accused at Kanpur to persuade the accused not to give beating to the complainant. Initially the complainant remained in the house of the accused upto 28.5.1988 and during this period she was pressed to bring V.C.R., Scooter and cash amount of Rs. 50,000/- which they were expecting at the time of marriage of the complainant. During this period she was also taunted for giving birth to a female child. Reference was made to set her ablaze by sprinkling kerosene oil on her body and to force her to commit suicide. The complainant ultimately left the house of the accused on 28.5.1993 and thereafter nobody came to fetch her. Under these circumstances the complaint was filed.

(3.) THE Court can exercise extraordinary jurisdiction vested under Section 482 of the Code of Criminal Procedure, 1973 primarily to prevent abuse of the process of the Court or otherwise to secure the ends of justice. Basically it would depend on fact situation of each case which would enable the Court after reading the complaint as a whole whether allegations made therein at their face value bring out the ingredients of the offence or whether these do not constitute the offence for which cognizance was taken by the Magistrate and in the later case the Court would be justified in quashing the complaint.