KAMALJIT KAUR AND ORS Vs. MANJIT KAUR

JUDGEMENT

(1.) As identical points of law and facts are involved, therefore, I propose to dispose of both the indicated petitions for quashing the impugned complaint (Annexure P1) & summoning order (Annexure P2), by virtue of this common judgment, in order to avoid the repetition.

(2.) The contour of the facts and material, culminating in the commencement, relevant for disposal of the instant petitions and oozing out, from the record, is that the marriage of Palwinder Kaur, daughter of complainant Manjit Kaur, respondent (for brevity "the complainant") was solemnized with accused Kashmir Singh son of Gurbachan Singh, 8/9 years prior to the present occurrence. After the solemnization of the marriage, they cohabited, resided as husband & wife and two sons were born out of their wedlock. Accused Kashmir Singh, his mother Surinder Kaur and sister Kamaljit Kaur, were stated to have treated Palwinder Kaur with cruelty in connection with and on account of demand of dowry. Ultimately, she was turned out of the matrimonial home alongwith her two sons after giving beatings to her. Thereafter, they started residing with the complainant in village Havelian, Police Station Sadhaura, District Yamunanagar.

(3.) The complainant claimed that on 3.11.2007, she accompanied by her daughter Palwinder Kaur and her two sons visited her matrimonial home in village Tamnauli, Police Station Maulana, District Ambala, to advise accused Kashmir Singh not to harass or maltreat her, but in vain. All the accused persons became annoyed and abused them. Petitioner-accused Surinder Kaur caught hold of the complainant by neck, whereas petitioner-accused Kamaljit Kaur gave kicks and slaps on her (complainant) different parts of the body. When Palwinder Kaur tried to rescue her, then accused Satinder Kaur gave fist blows in the eyes of the complainant. Accused Kashmir Singh gave a knife blow on the right hand wrist and gave beatings to the complainant as well as Palwinder Kaur. They raised hue & cry, which attracted many persons and the accused slipped away from the spot. While leaving his house, accused Kashmir Singh threatened that in case, the complainant or her daughter or any person from their family, ever visit in village Tamnauli, none would be spared and will be done to death. They reported the matter to the police and were medico legally examined. Instead of registering a criminal case against the accused, the police was stated to have challaned only accused Kashmir Singh for security proceedings under Sections 107/151 Cr.PC.