PARAMJIT SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) PETITION has been filed by Paramjit Singh husband of Harbans Kaur respondent and his parents under Section 482 of the Code of Criminal Procedure for quashing of complaint Annexure P/1 and summoning order passed in the complaint Annexure P/2 whereby the petitioners were summoned to stand trial for an offence under Section 406 I. P. C.

(2.) HARBANS Kaur respondent filed a complaint against the petitioners and against five sisters of petitioner No. 1 alleging that she was married to petitioner No. 1 at village Kalyan, Tehsil Malorkotla about 5 1/2 years ago in accordance with Anand Karj form of marriage. Her marriage was attended by the parents and sisters of petitioner No. 1. Her father spent Rs. 95,000/- and gave sufficient dowry consisting of articles mentioned in para No. 6 of the complaint. Besides these articles gold ornaments were also given to her. Some gold ornaments and clothes were given to petitioner No. 1 and his relatives. Rs. 10,000/- were given to her father-in-law in cash as dowry besides Rs. 2,000/-, which were handed over by way of Kanya Dan. All the articles constituted her Istri Dhan and were meant for her exclusive use. The petitioners and sisters of petitioner No. 1 were not satisfied with the dowry given at the time of marriage and they started demanding one television and a motor-cycle. As the complainant was not able to fulfil their demand, she was maltreated and ultimately in September 1988 she was turned out of the house. Since then she was risiding at village Kalyan with her parents. She demanded the return of articles of dowry which constitute her Istri Dhan but the petitioners and their co-accused did not return the same and dishonestly and malafide retained those articles in order to obtain a wrongful gain for themselves and wrongful loss to her.

(3.) AFTER preliminary evidence was recorded the Sub Divisional Judicial Magistrate, Malorkotla found that the sisters of the husband were not expected to be in possession of the dowry articles but, prima-facie case under Section 406 I. P. C was made out against the husband and his parents The petitioners were, thus, summoned to face trial for an offence under Section 406 I. P. C. as per order dated 11. 7. 1990.