RAJINDER SINGH Vs. ARINDER KAUR

JUDGEMENT

(1.) RAJINDER Singh and his wife Surjit Kaur, who are parents of Satinder Singh, whose marriage went on rocks after a short span of marital life, seek quashing of a complaint lodged by their daughter-in-law, Arinder Kaur, respondent No. 1, under Section 406 read with Section 34 of the Indian Penal Code and Section 6 of the Dowry Prohibition Act which is pending disposal in the Court of Judicial Magistrate, Jalandhar, through present petition filed by them under section 482 of the Code of Criminal Procedure.

(2.) BRIEFLY , the case of the petitioners is that Satinder Singh, their son, was married to Arinder Kaur on March 6, 1988, at Jalandhar. The match to the marriage was proposed through an insertion in the newspaper, where caste and creed of the spouses was to be of no bar and the only bar was that there will be no giving and taking of any dowry whatsoever. The Baraat consisting of nine persons including the groom came to Jalandhar and stayed in the Army Mess arranged by the father of Arinder Kaur. It was simple marriage and as per the case of the petitioners no dowry was given or taken as it had already been agreed to in tune with the advertisement seeking matrimonial match. After the marriage, bridegroom and bride returned to Delhi the same evening on March 6, 1988 with others who had accompanied the groom to Jalandhar for marriage. The couple after marriage had gone for honeymoon and after returning therefrom stayed together in Delhi upto August 6, 1988 when Arvinder Kaur left for her parents' place at Jalandhar. It is pleaded that before the marriage, Arvinder Kaur was pursuing her B.Ed. studies at Jalandhar which she had taken up again after coming from Delhi and for the reasons best known to her she filed a petition in the Courts at Jalandhar under Section 13 of the Hindu Marriage Act seeking divorce from her husband. The service on the son of petitioners was got effected through publication and an ex-parte decree was passed after recording statement of Arinder Kaur and her father on March 24, 1992. At the time of her departure from Delhi, she is stated to have brought along with her certain ornaments and jewellery which were presented to her by the petitioners at the time of engagement which consisted of golden set of necklace, ear rings, two bangles, ponchi and diamond ring. When Arinder Kaur had gone to the house of petitioners for the first time as bride, she was also presented with one gold chain, seven suits/sarees, one shingar box and all these items were also taken by her. She also filed an application for grant of maintenance under Section 125 Cr.P.C. which is stated to be pending. On November, 19, 1991 a criminal complaint, sought to be quashed in the present petition, was filed by Arinder Kaur in the Court of Judicial Magistrate 1st Class, Jalandhar. After recording statements of Arvinder Kaur and her father Lt. Col. Paramjit Singh, the learned Magistrate summoned the petitioners and Satinder Singh, their son, as accused in the aforesaid complaint under Section 406 IPC.

(3.) MR . Khehar, learned counsel appearing on behalf of the petitioners contends that inasmuch as the complainant has since long re-married and settled abroad and when the marriage between the husband and wife had been dissolved by a decree of divorce, it would be complete injustice to the petitioners, who happen to be parents of complainant's husband to face an agonising trial.