PREM SINGH Vs. SURTA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the complaint dated 12.3.1991, copy Annexure P-1, and the summoning order dated 9.4.1991, copy Annexure P-4, passed by the Additional Chief Judicial Magistrate, Kaithal.

(2.) THE allegations in the complaint are these. Complainant Surit (respondent No 1 in this petition) was married to Ishwar son of Jamna on 11.3.1976. Ishwar passed away after 2-1/2 years of the marriage. Thereafter complainant performed Karewa marriage with Prem Singh (petitioner No. 1 in this petition) who is the cousin brother of Ishwar deceased. At the time of her Karewa ceremony, the complainant took all her belongings including ornaments, clothes etc. from the house of Ishwar Singh to the house of Prem Singh and these articles were handed over to the accused (petitioners in this case). The accused were expecting that the land of Jamna will be inherited by the complainant after her marriage with Prem Singh but they lost their hope of getting the land. The complainant is an illiterate person while Prem Singh is a graduate in Arts and Education. He is employed as Teacher. Initially she was tolerating the high handedness of Prem Singh and other accused but their maltreat contirllted to increase. She received some gifts during the marriage of her brother. These article were also handed over to the accused. Thereafter her brother was blessed with a sone and she received more gift including ornaments and clothes. These were againer handed over to the petitioner. In spite of all this, they were not satisfied with her. They wanted to grab all her belongings. A daughter was born to her on 4.4.1989 out of her wed lock with Prem Singh accused. They expected her to bring motor cycle from her parents on the occasion of the birth of her child. She brought many articles from her parental house but despite this the accused were not satisfied. Eventually they gave her physical beating and turned her out of the matrimonial house. her parents had given Rs. 5,000/- to the accused as loan for the purchase of land. All the articles of her Stridhan valuing Rs. 1,50,000/- are in possession of rhe accused. Her relatives tried to persuade them to keep her in their house. She, therefore, claimed that the accused have committed offences under Sections 406 and 498-A of the Indian Penal Code and asked for punishment to be awarded to them for the said offences.

(3.) THE case of the petitioners is that the complaint filed by the respondent No. 1 constitutes an abuse of process of the Court and therefore, the same is liable to be quashed. After hearing Shri N.K. Nagar, learned counsel for the petitioners, Shri J.B. Taccoria, learned counsel for respondent No. 1 and Shri K.S. Godara, learned Assistant Advocate General, Punjab, for respondent No. 2, this Court is satisfied that the contention of the petitioners is well founded.