SUBHASH Vs. NEELAM

JUDGEMENT

(1.) SMT . Subhash and her husband Vijay Kumar have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint Annexure P/1 and the summoning order dated 10.10.1992 Annexure P/2 vide which they were summoned to face trial for offence under Sections 406 and 498 -A I.P.C.

(2.) THE complaint was filed against the petitioners and Anil Kumar by Smt. Neelam respondent. The facts alleged by the complainant respondent may be briefly enumerated.

(3.) THE respondent was married to Anil Kumar brother of Vijay Kumar petitioner on 13.12.1985 at Hoshiarpur according to Hindu rites. At the time of marriage parents of Neelam gave various articles by way of dowry and out of those articles ornaments, utensils and clothes were entrusted to Sint. Subhash while furniture was handed over to Vijay Kumar. The rest of the articles including dining table with six chairs, almirah, television etc. were entrusted to Anil Kumar. These articles constituted Istri Dhan of Neelam and the petitioner and Anil Kumar were to hand over the same to her for her use. The petitioners and Anil Kumar were not still satisfied with the dowry and they started demanding a scooter. She was subjected to maltreatment by the accused and was turned out of the house many times but on the intervention of respectables she was sent back. In June, 1989 she was again turned out of the house but her parents with the help of respectables tried to rehabilitate her. Her husband who acted according to the wishes of the petitioners did not agree to keep her till their demands were fulfilled. The matter was reported to Punjab Istri Sabha, Chandigarh, and on its intervention she was again sent to reside with Anil Kumar and the petitioners and they assured that they will not harass but they persisted in their conduct and often subjected her to beating more so far the reason for approaching the Punjab Istri Sabha and asked her to bring Rs. 20,000/ -. She was kept without food and was tortured. She informed her father regarding this maltreatment by sending him a letter and her father came and took her along. The petitioners and Anil Kumar refused to return the articles of dowry.