SUBASH RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Subash Rani and Neena have filed this petition under Section 482, Cr. P. C. for quashing the complaint Annexure PI as well as summoning order Annexure P3.

(2.) BRIEF facts of the case are that respondent No. 2, complainant Sunita Puri was married to Mr. Love Kumar on 13. 8. 1988 at jalandhar. In this wedlock, she gave birth to a female child on 2. 5. 1989. Petitioner Subash Rani is mother and petitioner Neena is sister of Love Kumar. Complainant-respondent Sunita Puri filed a complaint against Love Kumar and these petitioners under Sections 4 & 6 of Dowry Prohibition Act and Sections 406/420/498-A of IPC. In her preliminary evidence, she examined herself as well as two other witnesses to corroborate her testimony. Alongwith the complaint, she filed list of dowry articles/ornaments which were given to the accused persons at the time of Thaka, Shagun, Utsav, and marriage. The total costs of these articles is shown to be Rs. 1,36,212/ -. On the basis of preliminary evidence adduced by the complainant, the learned Magistrate came to the conclusion that a prima facie case under Sections 4 & 6 of the Dowry Prohibition Act and Sections 406/498-A, IPC is made out against all the accused persons and hence summoning order Annexure P3 was passed.

(3.) THE respondent-complainant's learned Counsel vehemently argued that from the averments made in the complaint as well as from tine evidence adduced by the complainant, all the aforementioned offences were prima facie made out. High Court in quashment proceedings should not re-weigh the evidence and scuttle the complaint case at the initial stage. The complainant should be given a fair opportunity to prove her allegations against the petitioners as well. He read over,the complaint and also the evidence recorded at the preliminary stage before the lower Court and submitted that there are specific allegations against the petitioners in the complaint Annexure PI as well as in the evidence adduced by the complainant. Hence, he prayed that the quashment proceedings be dismissed.