LAWS(P&H)-2002-5-209

SH HAVELI RAM Vs. PROMILA

Decided On May 20, 2002
SH HAVELI RAM Appellant
V/S
PROMILA Respondents

JUDGEMENT

(1.) Petitioners Haveli Ram, Durga Devi and Vishwa Mittar, seek quashing of complaint dated 10.3.1992 under Section 498-A/109 I.P.C. and summoning order dated 9.6.1992 passed by the Sub Divisional Judicial Magistrate, Batala.

(2.) Promila was married to Narinder Kumar on 18.1.1989 at Batala. At the time of her marriage her parents had given downy articles according to their financial status, the details of which have been annexed with the complaint. After marriage the complainant resided with her husband in his parents house. After expire of seven eight months of the marriage all the above-named accused started harassing her on account of insufficiency of dowry and used to beat her. They made demand of scooter and cash amount of Rs. 25,000/-. She was also threatened to the effect that if these articles were not brought she would be done to death. Complainant narrated the above incident to her parents, where after her parents explained to the accused that they were not in a position to meet their demand and accordingly requested them not to cause harassment to their daughter. On 25.10.1989 the husband of the complainant went abroad in connection with earning his livelihood and in his absence, the complainant used to reside some times' at Delhi and sometimes at Batala. On 11.8.1991, Kailash Chand, brother of the complainant committed suicide. On 2.9.1991, the husband of the complainant returned to India and started living at Batala. He again made a demand for ash amount of Rs. 25,000/- and when the complainant explained her difficulty in this regard she was beaten and turned out of the house in, wearing apparel. The Stridhan given to the complainant was also retained by the accessed. It is under these circumstances the present complaint was filed.

(3.) In support of the allegations made in the complaint complainant examined Surinder Kumar as PW-2. Tilak Raj as PW-3 in addition to her own statement as PW-1. They corroborated the allegations made in the complaint. Taking into account the preliminary evidence the trial Magistrate summoned the accused to face trial for offence under Section 498-A I.P.C.