SUKH RAM Vs. KALAWATI

JUDGEMENT

(1.) RAM Kumar husband of respondent Kalawati, along with his parents, namely, Sukh Ram and Smt. Mamo, has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of complaint, Annexure P -1, dated March 18, 1991 and after -math thereof, i.e., summoning order dated February 18, 1993, Annexure, P -2, vide which all of them were summoned under Sections 406 and 498 -A of the Indian Penal Code as also order of the learned Additional Sessions Judge dated February 4, 1994 vide which the revision filed on behalf of petitioners 1 and 2, i.e. parents of Ram Kumar, was dismissed.

(2.) SMT . Kalawati filed a complaint against the petitioners and others under Sections 406/498 -A IPC wherein, broadly, the allegations against the petitioners were that after about 10 -11 days of the marriage, Muklawa took place and she remained with Ram Kumar as his wife. However, the accused started harassing her from the date of her marriage. They would also beat her and directly or indirectly make some demands which could not be satisfied. Continued harassment for bringing less dowry ultimately resulted in the complainant being turned out of her matrimonial home, on July 10, 1990. It may be mentioned here that the marriage had taken place on February 10, 1989. The complainant thereafter gave birth to a daughter in the house of her parents. She was not rehabilitated in her husband's house and when even a week before the filing of the complaint she demanded her dowry articles (ISHTRI DHAN), the same were not given to her. After recording preliminary evidence, learned Magistrate summoned only the petitioners. Parents of Ram Kumar filed a revision petition against the summoning order which was dismissed.

(3.) MR . Kalra, learned counsel for the petitioners contends that there are vague allegations insofar as demand of dowry is concerned and that the complaint has been filed after a number of years.