KULWANT SINGH Vs. KANTA RANI

JUDGEMENT

(1.) KULWANT Singh and his parents Sant Singh and Gurbachan Kaur, by means of this petition Under Section 482 Cr. P. C. seek quashing of the complaint pending in the Court of Additional CJM, Kapurthala and the summoning order dated Oct. 9, 1991 and all consequent proceedings.

(2.) KANTA Rani-respondent brought the impugned complaint Annexure P-1 against the present petitioners. The allegations made in the complaint may be briefly summarised as follows :-

(3.) THE marriage of the respondent was solemnised with Kulwant Singh-petitioner No. 1 on February, 27, 1990 at Kapurthala as per Hindu rites. The petitioners made a demand and for dowry from the parents of the respondent as a pre-condition of the marriage and this demand had to be accepted under pressure. The articles of dowry were displayed in the presence of Gurmeet Singh, Sumer Chand, Paras Ram, Balbir Singh and other relations. The list of articles was prepared and one of that list was handed over to the petitioner and his father while the second copy was retained and the same is annexed with the complaint. Petitioners were not satisfied with the dowry given and they started maltreating the complainant and they used to give her frequent beatings and also used filthy language. Five months after the marriage, the petitioners turned the respondent out of the house in just wearing apparel and made a demand for a scooter and a fridge. Parents of the respondent along with respectables visited the house of the petitioner and gave Rs. 3,000/ and rehabilitated the respondent at the house of the petitioner. A month thereafter, petitioners again started maltreating the respondents and ultimately in February 1991, all the petitioners gave severe beatings to the respondent. On her raising Raula, she was rescued by the residents of the Mohalla and she filed an application before the P. S. Ludhiana. However, the police got a compromise effected. In the month of March, however, again she was turned out of the house after giving beatings. A Panchayat was then arranged, but reconciliation having not been arrived at, the parents of the respondent asked the petitioners to return the articles of dowry and other gifts, but they refused to hand-over the same. Though further efforts were made to prevail upon the petitioners to return these articles, the petitioners lastly refused on June 22, 1991. That these articles of dowry had been given to her for her exclusive use and had been handed-over to the petitioners with the condition that they shall be returned to her on demand.