KULDEEP SHARMA Vs. ANJU BALA

JUDGEMENT

(1.) ANJU Bala was married to Kuldeep Sharma long ago in October, 1984. She has alleged that in the year 1986 her husband, accused No. 1 desired that she should being sum of Rs. 2,000/- from her mother and it was after several months that in August, 1987 she was able to bring a sum of Rs. 1500/- only and it was handed over to the husband. It has been alleged that there was a further demand of Rs. 1000/- which she could not fulfil on account of paucity of funds. The husband and wife lived together till February, 1989. Now the present complaint has been instituted for offences under Sections 406, 498-A and 120-B of the Indian Penal Code against Kuldeep Sharma-husband, Manohar Lal, father-in-law and Kamal Rani Sharma, mother-in-law. The Sub Divisional Judicial Magistrate, Jagadhri has summoned the accused on 15.9.1990 and aggrieved against it, the present petition under Section 482 of the Code of Criminal Procedure has been moved.

(2.) THE learned counsel for the petitioners has pointed out that marriage took place more than five years ago and it is a case where the wife is dragging the husband and other close relations to the Court unnecessarily and the trial Court was not justified in relying upon the demand of Rs. 2,000/- which was allegedly made long ago in August, 1987. The proceedings under Section 125 of the Code of Criminal Procedure already pending inter se the parties as is evident from annexure P-3, the learned counsel for the respondent wife could not justify the impugned order and his contention that the trial Court may be required to record some more evidence if there has been erroneous reference to the provisions of the Negotiable Instruments Act which of course was neither attracted nor applicable here. The conclusion is that the present petition is accepted and the complaint against Kuldeep Sharma and two others pending in the Court of Sub Divisional Judicial Magistrate Jagadhri is hereby quashed. Order accordingly