LAWS(P&H)-1994-10-39

DHARAMPAL SINGH Vs. STATE OF PUNJAB

Decided On October 27, 1994
DHARAMPAL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS petition under Section 482 Cr. P. C. has been filed forquashing of F. I. R. No. 100 dated 23. 7. 1993 registered at P. S. Division No. 5, Civillines, Ludhiana, Under Sections 406/498-A, IPC, and all proceedings arisingtherefrom.

(2.) FIRST Information Report No. 100 dated 23. 7. 1993 Under Sections 406/498-A, I. P. C. , P. S. Civil Lines, Ludhiana was registered on the basis of a complaint filedby Gurdeep Kaur wife of Dharam Pal Singh, wherein it was alleged that she wasmarried to Dharam Pal Singh, on 13. 12. 1991 at Sita Nagar, Ludhiana, and at thetime of marriage, her parents gave dowry as mentioned in Annexure-'a' attachedto the said complaint, on the demand of accused persons in the presence ofwitnesses. It has further been averred in the First Information Report that dowryarticles were entrusted to the accused persons of their undertaking that the sameshall be handed over to her for her use. The list of dowry articles was read overand entrusted to the accused in the presence of the witnesses. On a demand madefor Rs. 50,000/-, she told her husband that her parents cannot afford to give suchan huge amount as they had already spent approximately Rs. two lacs in hermarriage, besides further giving a sum of Rs. 20,000/- at the time of opening ofprinting-press. The other particulars of harassment have also been given in thefirst Information Report. As regards jurisdiction, it has been stated therein thatarticles of dowry were entrusted to the accused persons in H. No. 517/14, Mohallasita Nagar, Bharat Nagar Chowk, Ludhiana. Quashing of the First Informationreport has been sought on the ground that perusal of the same shows that nooffence under Sections 406/498-A, I. P. C. is made out against the petitioners and"there is no specific allegation about entrustment of specific articles of dowryto any particular accused". The petitioners have never treated the respondentwith cruelty and never maltreated nor forced her to bring more articles of dowry. In support of his arguments, Counsel cited judgments of this Court in Chand Raniand Ors. v. Sunita Rani, 1989 (1) RCR-1, and Surjit Singh v. Jaswant Kaur,[1990 (2) All India Hindu Law Reporter 213 (Pb. &hry.)], wherein complaint wasquashed as there was no allegation in the complaint about entrustment of anydowry articles to the accused by the parents and relatives.

(3.) CONSEQUENTLY , this petition shall stand dismissed. .