GURMUKH SINGH Vs. DAVINDER KAUR

JUDGEMENT

(1.) GURMUKH Singh and his mother Bachhitar Kaur have come to this court in this petition under Section 482 Cr.P.C. for quashing of complaint No. 7 dated March 6, 1990 Annexure P-1 pending in the court of JMIC Fatehgarh Sahib, summoning order dated September 15, 1990 Annexure P-2 passed by Shri P.S. Virk, JMIC Fatehgarh Sahib.

(2.) DAVINDER Kaur-respondent is the wife of Gurmukh Singh, petitioner. According to the averments made in the complaint Annexure P-1 the marriage of the respondent was solemnised with Gurmukh Singh at Village Harbanspura. P.S. Sirhind and at the time of marriage, substantial presents in the form of ornaments, cloths utensils and other house-hold articles were made. List of the articles is contained in Annexure-A attached to the complaint. The articles of dowry were entrusted to both of the petitioners who had attended the marriage alongwith others and this entrustment was made in the presence of Pritam Singh, Havela Singh, Gurbax Singh and Dalip Singh. These articles were meant for the use of the respondent and were meant to be her Istridhan. She was, however, deprived of the use of these articles on one pretext or the other Gurmukh Singh petitioner stated making a demand for a Car or Rs. 1 lac. In February, 1987, he renewed this demand and in May 1987, the respondent was turned out of the house and was told that she should return only if the brought a Car or Rs. 1 lac. The petitioners had, thus, committed criminal breach of trust of the articles.

(3.) LEARNED counsel for the petitioners urges that no offence had been committed and the allegations made were vague and at the earliest occasion, Gurmukh Singh-petitioner had in fact offered to return the articles of dowry.