BANARSI DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F.I.R. No. 51 dated 22.5.1992 under Section 406 I.P.C. P.S. Nathana, District Bhatinda, is being sought to be quashed by the petitioners on the ground that no proceeding under Section 406 I.P.C. could be initiated against the petitioner on a complaint made by Nand Lal, father of the deceased, Veera Wati Rashmi, because under the Hindu Succession Act, the father of the deceased is not the natural heir. In answer to this submission, counsel for the complainant, Nand Lal, at whose statement the F.I.R. was registered, has stated that proviso to Section 6 of the Dowry Prohibition Act provides that where such woman dies an unnatural death within seven years of her marriage and if she has no children, the dowry which was received by any person other than the woman in connection with whose marriage it was given, shall be transferred to her parents. Accordingly, he submitted that in this case, Veeran Wati died an unnatural death, within seven years of her marriage and, therefore, the father of the deceased is entitled to claim property, and proceedings under Section 406 I.P.C. were rightly initiated against the petitioners.

(2.) Having heard the learned counsel for the parties, I am of the view that the proceedings under Section 406, I.P.C., presently deserve to be stayed till such time the trial under Sections 304-B, 498-A/34 I.P.C., it completed. In the proceedings under Section 304-B, I.P.C. it would be determined by the Court as to whether the deceased died an unnatural death. It has been stated at the Bar by the counsel for the petitioners that proceedings are at the final stage and likely to be concluded within a month or two. The present proceedings shall remain stated till such time the trial under Sections 304-B, 498-A, 34 I.P.C. is concluded.

(3.) With this direction, the petition stands disposed of. Petition disposed of accordingly.