BALDEV SINGH Vs. NASIR SINGH

JUDGEMENT

(1.) - According to the prosecution launched by Baldev Singh, petitioner, under section 6 of the Dowry Prohibition Act, 1961 as amended by Punjab Act of 1976, in the marriage of his sister Smt. Palo to Nazir Singh accused (respondent), ornaments, clothes, furniture etc. were given by way of dowry on demand by Nazir Singh and his father Hardam Singh and mother Smt. Tejo. Dowry was given to Nazir Singh because at the time of settlement/negotiations of marriage, Nazir Singh and his parents had put this demand that if ornaments, clothes, furniture etc. as mentioned in the list annexed to the complaint were given, marriage would take place and if ornaments, clothes, etc, as mentioned in the list annexed with the complaint were not given, marriage would not take place. In the presence of Panchayat consisting of Sada Kaur, Bagicha Singh and Zora Singh etc., ornaments, clothes etc. were entrusted to Nazir Singh and his parents soon after the 'Anand Karaj' ceremony was over. At that time, parents, brother, sister and relations of the bride were also present. Gora Singh mediator of the marriage was also present. Nazir Singh and his parents took the dowry belonging to Smt. Palo to their village Fatta Kera.

(2.) ACCORDING to the prosecution, Nazir Singh and his parents kept the dowry belonging to Smt. Palo in their possession, though they should have handed over dowry to Smt. Palo because dowry was meant to be used by her and belonged to her. Smt. Palo was turned out of the matrimonial home three months after marriage and they retained un-lawfully the entire dowry to themselves. Nazir Singh was re-married to Smt. Kakan of village Raguana. Nazir Singh and his parents committed an offence falling within the ambit of section 6 of the Dowry Prohibition Act, 1961 (as amended by Punjab Act of 1976). (for short hereinafter to be referred as 'the Act of 1961'). Baldev Singh who is brother of Smt. Palo instituted complaint under section 6 of the Act of 1961 against Nazir Singh and his parents after obtaining permission from Sub- Davisonal Magistrate, Muktsar as envisaged by section 8-A of the Act 1961. Marriage took place on or about 9.5.82. Complaint was instituted on 9.11.84.

(3.) ON 3.1.86, application was made by Baldev Singh before the Magistrate praying that accused be charged under section 406 of the IPC and 6 of the Act of 1961. Accused put in appearance before the Magistrate in response to the process issued against them.