LAWS(P&H)-2004-9-152

BHAJAN LAL BHATIA & OTHERS Vs. SARITA NEELAM

Decided On September 08, 2004
BHAJAN LAL BHATIA And OTHERS Appellant
V/S
SARITA NEELAM Respondents

JUDGEMENT

(1.) Petitioners have moved this petition under Sec. 482 Code Criminal Procedure with a prayer to quash complaint dated 30.8.1991 (Annexure P-1) and also summoning order dated 20.11.1991 (Annexure P-2). In this petition, it has been stated that marriage of respondent Sarita Neelam was solemnised with petitioner No. 1 Bhajan Lal Bhatia on 15.4.1984 and out of this wedlock, a child was born on 8.3.1985.

(2.) To press this application for quashing, it has been stated that allegations in complaint (Annexure P-1) were vague. No specific incident had been given as to which article of dowry as alleged was handed over to which of the petitioners. It has been stated that husband and wife i.e. petitioner No. 1 and respondents were living separately from other petitioners. Counsel has stated that after reading of contents of complaint (Annexure P-1), no case at all was made out against petitioner No. 2 to 5. Regarding petitioner No. 1, counsel argued that allegations qua him were also not very specific.

(3.) Mr. Vinod Sharma, Advocate appearing for the respondent, by referring to paras 7 and 8 of the complaint, has stated that all the petitioners were responsible for commission of offence of breach of trust and also for commission of offence under Sec. 498A Indian Penal Code.