GULJAR SINGH ALIAS GULJAR MOHAMMAD Vs. HAZRAN

JUDGEMENT

(1.) VIDE this petition under Section 482 Cr.P.C., the petitioners seek quashing of complaint dated 25.4.1996 (Annexure P-1) and summoning order dated 3.4.1997 passed by Chief Judicial Magistrate, Fatehgarh Sahib (Annexure P-2) vide which the petitioners have been summoned to face trial under Section 406 read with Section 34 IPC along with other co-accused.

(2.) PETITIONER No. 1 is brother of Roshan Lal, husband of complainant and petitioner No. 2 Momtaj is wife of petitioner No. 1 while petitioner Nos. 3 and 4 are married sisters of Roshan Lal. Complainant Hazran was married to Roshan Lal on 27.3.1994. No issue was born out of the wedlock. It was alleged by the complainant that her father had given Istri Dhan/dowry articles to the accused Roshan Lal and Hardial Singh at the time of marriage at village Sehra in the presence of villagers and other respectables. As per Exhibit 'A'/Annexures 'P-1', petitioner No. 1-Guljar Singh was handed over two shirts and petitioner No. 2, 11 suit pieces, whereas, petitioner Nos. 3 and 4 were given 3 suits pieces at the time of marriage. It was further alleged that after the marriage the accused started pressurising the complainant for bringing more dowry i.e. Rs. 25,000/- cash for purchasing scooter, colour T.V. and refrigerator. She was given beatings by her husband Roshan on the instigation of the other accused. The complainant was treated with cruelty by her husband and other family members. The complainant further alleged that all the dowry articles, as mentioned in para 4 of the complaint, have been misappropriated and, therefore, offence under Section 406 read with Section 34 IPC was made out against the accused.

(3.) I have heard learned counsel for the parties and perused the material on record.