VINOD KUMAR SETHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Do the bonds of matrimony inhibit a prosecution for breach of trust betwixt the spouses inter se, and in particular with regard to the wife's dowry, is the spinal issue which has necessitated the reference of these twelve cases for an authoritative decision by the Full Bench. Allied thereto is the equally (if not more) significant question--whether the High Court has the power in its inherent jurisdiction to quash the police investigative process before it reaches a Court of law for trial.

(2.) The matrix of facts may be noticed from Criminal Misc. No. 4022 of 1981 Vinod Kumar Sethi of Punjab and others. The petitioners therein are the husband, the mother-in-law and the father-in-law of respondent No. 2 Smt. Veena Rani. The marriage of Smt. Veena Rani respondent to Vinod Kumar Sethi petitioner took place at Bhatinda on the 28th of January, 1979, according to Hindu Vedic rites. It is plain that the marriage did not subsist and on the 18th of April, 1980, Veena Rani respondent addressed an application to the Senior Superintendent of Police, Bhatinda. Therein she alleged that at the time of her marriage she had received substantial presents of ornaments, valuable clothes, furniture and other household articles besides Rs. 21,000/- from her parents and relations as also from her husband and mother-in-law as dowry and in consideration of the marriage. She claimed that all these items of property over which she had absolute control had become her Stridhana. It was further stated that as a dutiful wife and as daughter-in-law she reposed full faith in her husband and her parents-in-law and entrusted all the properties aforesaid to them as detailed in annexures 'A' and 'B' to the application. It was then alleged that after the marriage, all the three petitioners started mal-treating her for extracting more dowry from her parents and made repeated demands from time to time to this effect. When these were not satisfied she was expelled from the house in her wearing appeared and deprived of all the articles of her dowry around January, 1981. Thereafter she made demands for the return of the aforesaid property which allegedly had been entrusted to the petitioners but refused to do so. On these facts it is alleged that the three petitioners in conspiracy with each other were misappropriating her dowry and converting it to their own use in breach of the entrustment made to them. On the basis of the application aforesaid, a first information report was registered at Police Station Kotwali, Bhatinda, under S. 406, I.P.C., and for other offences.

(3.) According to the petitioners during the course of the investigation of the aforesaid first information report the three petitioners were arrested on the 2nd of July, 1981 and locked up in the Police Station for 24 house and their remand was taken for four days after which they were released on bail. It is further alleged that all of them were tortured to the maximum extent and the respondent with the help of the police demanded Rs. 1,00,000/- (One Lakh) but the petitioners could only arrange Rs. 50,000/-which were given to the police. The party was also handed over gold weighing 30 tolas. After investigation, challan was filed in the Court of the Judicial Magistrate, Bhatinda, and the petitioners then preferred the petition seeking the quashing of the whole proceedings as a blatant abuse of the process of the Court.