RESHIMA RANI Vs. RAVINDER PAHWA

JUDGEMENT

(1.) Smt. Reshima Rani, the petitioner, was married to Ravinder Pahwa resppndent on 10-5-1982 at Nilokheri, district Kamal, according to Hindu rites. Some articles of dowry are said to have been given to Ravinder Pahwa and his family members at the time of the marriage. Subsequently, in the month of May 1983, a television set was given to Ravinder Pahwa as originally it was conceived to be given at the time of the marriage but its presentation was delayed. On 23-7-1983 some unpleasantness took place between the parties, with the result that the marriage between the spouses was put to strain. The petitioner then filed a criminal complaint on 9-5-1984 before the Chief Judicial Magistrate, Karnal, complaining of offences under S. 6 of the Dowry Prohibition Act, as applicable to Haryana, and Ss. 323/506/392/34 of the Indian Penal Code. Complaint under section 6 of the Dowry Prohibition Act, as applicable to Haryana, was filed, after obtaining sanction from the District Magistrate, Kamal, vide his order dt. 9-5-1984.

(2.) The learned Magistrate dismissed the complaint under section 6 of the Dowry Prohibition Act, holding that it was clearly barred by time. Regarding the remaining offences, he doubted the complainant's case. For these reasons, he dismissed the complaint. These orders were passed without summoning the accused-respondents. The complainant has approached this Court in revision.

(3.) The primary question is whether the view of the learned Magistrate in dismissing the complaint as time barred under S. 6 of the Dowry Prohibition Act is unsustainable. Now, S.6 of the Dowry Prohibition Act reads as under : -