TARA SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) TARA Singh and his wife Smt. Radhawanti in this petition under section 482 of the Code of Criminal Procedure that the complaint dated September 22, 1988 filed by the respondent Balbir Singh against the present petitioners and their son Kishan Singh, and the order of the Chief Judicial Magistrate, Hissar dated September 28, 1983 registering the complaint, as also the subsequent proceedings taken by the Chief Judicial Magistrate in pursuance of the complaint be quashed.

(2.) THE relevant facts are that Paramjit Kaur daughter of the respondent Balbir Singh was married to Kishan Singh son of the petitioners on October 3, 1982, at Hissar. The respondent filed the impugned complaint (Annexure P2) in the Court of the Chief Judicial Magistrate, Hissar on September 22, 1983, under sections 6 and 7 of the Dowry Prohibition Act (hereinafter called 'the Act') and under section 406 of the Indian Penal Code, after obtaining saction of the District Magistrate, Hissar, (Annexure P.1), alleging that as consideration of the aforesaid marriage dowry consisting of various articles was given to the petitioner which they have not transferred to the bride Paramjit Kaur and have misappropriated the same. The Chief judicial Magistrate ordered on September 28, 1983 (annexure P. 3) that the complaint be registered. The petitioners and their son Kishan Singh were summoned by the Chief Judicial Magistrate on November 12, 1983 (annexure P.4) under the aforesaid sections.

(3.) THE respondent's counsel has contended that under section 7(b) of the Act as applicable in the State of Haryana it was incumbent upon the respondent to have filed the complaint within a period of one year from the date of marriage and so the complaint was maintainable and the petitioners could be summoned in pursuance thereof by the Chief Judicial Magistrate.