BALWANT SINGH Vs. BALWINDER KAUR

JUDGEMENT

(1.) BALWANT Singh has filed this petition on invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure for quashing the complaint Annexure P/1 filed by the respondent under Sections 499, 500, Indian Penal Code pending in the court of Judicial Magistrate, Ist Class, Ropar and summoning order Annexure P/4.

(2.) BRIEF resume of the relevant facts figuring in the complaint are that Balwinder Kaur respondent was married with the petitioner on 7.12.1986 at Mohali and at the time of marriage dowry articles of the value of Rs. 1,10,000/- were give by her parents which consisted of gold ornaments, costly clothes and other customary goods. The parties thereafter lived as husband and wife at Mohali but from the very beginning the petitioner harassed and tortured the respondent and demanded more dowry articles. Father of the respondent gave Rs. 43,100/- more to the petitioner so that he may not harass the respondent. The petitioner was never satisfied and he threatened to kill and defame the respondent in case she did not meet his demands. In the year 1989 and 1990 he wrote various letters in English and Punjabi and sent copies to the respondent and her relatives levelling defamatory allegations with regard to her act and conduct. In those letters he called her a wagabond and characterless woman and also imputed that she had developed intimacy with one Anil Kumar. All these false allegations were made with an intention to defame her in the eyes of her near relatives, parents and the society at large. As a result of these allegations her reputation was harmed and lowered in the estimation of others.

(3.) THE petitioner alleged that he had not done anything either by words spoken or by publication of any imputation at any time to harm the reputation of the respondent. His marriage with the respondent had been dissolved and there was no reason for him to defame her. In fact he had submitted a mercy petition to the Home Secretary on 18.1.1992 wherein he had stated that there was danger to his life and to his children and had requested the authorities to take necessary steps in this regard. The respondent filed the complainant as a counter blast to the petition.