BANARSI DASS Vs. MAYA DEVI

JUDGEMENT

(1.) BANARSI Dass petitioner, father-in-law of the respondent Maya Devi has come with this petition under section 482 of the Code of Criminal Procedure for quashing of complaint Annexure P-1 order Annexure P-2 and all the consequent proceedings on basis of the complaint.

(2.) THE facts as may be gathered from the complaint Annexure P.1 filed by Maya Devi, under Sections 4, 6, 7 and 8 of the Dowry Prohibition Act, 1961 (hereinafter referred to as 'the Act') may be stated as under; The respondent was married to Devinder Kumar son of the petitioner, on April 19, 1979. At the time of the marriage articles of dowry were given to her as per list attached to the complaint. Devinder Kumar husband of the complainant respondent treated her with cruelty and ultimately she obtained a decree for divorce against him on 30th April, 1984. The articles of dowry were not returned to the complainant. She then approached the court for grant of maintenance under sections 125 of the Code of Criminal Procedure and was awarded maintenance at the rate of Rs. 250/- per month which amount was also not paid. The warrants of arrest were issued against Devinder Kumar but he being not available has since been declared proclaimed offender. The articles were still lying with the petitioner and in spite of the demand made he had not returned the same.

(3.) LEARNED counsel for the respondent has urged that since the charge has been framed no quashing should be allowed. However, I am of the view that since the complaint cannot end in conviction on account of bar of limitation, the continuation of proceedings will amount to abuse of process of the court. I, hereby, allow this petition and quash the complaint Annexure P.1 order Annexure P.2 and all consequent proceedings.