RAJE RAM Vs. CHANDER BHAN

JUDGEMENT

(1.) THIS is a petition for revision against an order of Shri K.C. Dang, Chief Judicial Magistrate, Rohtak, whereby the petitioners along with another close relative, were summoned by the learned Magistrate under section 406/34, Indian Penal Code, on a complaint instituted by the respondent.

(2.) THE facts giving rise thereto are these :

(3.) THE complainant is the brother of one Ravinder Kumar. The said Ravinder Kumar was in the month of March, 1981 engaged to Miss Saroj Kumari, daughter of Raje Ram, one of the present petitioners. The other petitioner Subhash Chander is the son of Raje Ram. At the time of the engagement, the parties exchanged customary presents. As disclosed in paragraph 3 of the come complaint Saroj Kumari was gifted a silk sari and gold ornaments of the description mentioned therein in observance of the ceremony of "Chuni" as prevalent in Punjabi community. Since the engagement had to be broken off, for reasons -with which we are not concerned, and the customary gifts had not been returned by the petitioners, he filed a criminal complaint. After recording some preliminary evidence, the learned Magistrate summoned the petitioners, and not the wife of Raje Ram as accused persons.