SAROJ MONA Vs. MEENAKSHI

JUDGEMENT

(1.) The Petitioners in Criminal Misc. NO.1 0248-M of 1993 are respondents 4, 5, 6, 2 and 3 respectively in the complaint (Annexure P-1) filed by the respondent herein, on 2.12.1992 before the Judicial Magistrate 1st Class, Abohar. The petitioner in Cr. Misc. No. 14531-M/1993 is the first respondent in the said Complaint. The petitioners have filed these two petitions under Section 482 of the Code of Criminal Procedure to quash the said complaint under Sections 406, 498-A of the Indian Penal Code and also the summoning order dated 12.6.1993 (Annexure P 2 of the said Judicial Magistrate. Since both these petitions relate to the same complaint and the summoning order, I am considering and disposing them of by this common order. For the sake of convenience I will refer to the parties as complainant and the respondents as they are arrayed before the Judicial Magistrate. In the complaint (Annexure P-1) before the learned Magistrate the complainant is the wife the first respondent is her husband the second and third respondents are her father-in-law and mother-in-law respectively, the respondents 4 and 5 are her two unmarried sisters-in-law while the 6th respondent is her brother-in-law.

(2.) The complainant has alleged in the complaint as follows: - Her marriage with the, first respondent Sanjiv Kumar was performed on 13-12-1990 at Abohar. At that time, her parents had given sufficient dowry as detailed to Annexure A to the complaint. On 13-12-1990 after the marriage ceremony, the complainant in the presence of certain persons, who had attended the marriage, entrusted certain articles of dowry to the respondents. Respondents 1 to 6 were not happy about the dowry and maltreated her and teased her with oral remarks. The respondents started beating her daily and pressurised her to bring Rs. 50.000/- Her brother gave her Rs. 10,000/- which she handed over to the respondents 1 to 6 and inspite of it the respondents were not satisfied and, threatened that she should bring Rs. 40,000/- more. On 20-4-1991. Ved Prakash (father-in-law) and Nirfuaja (mother-in-law) gave her some pills, which she took believing them but those pills ultimately turned out to be poison. She was locked in house by respondents 1 to 6 and threatened that She should give it in writing that she had consumed poison on her own. All the respondents pressurised her to bring more money from her further for constructing a house for her husband and, when she expressed the inability of her father to do so; she was beaten and driven but of the house on 24.6.1991 by all the respondents. On 1.11.1991 she along with her father and others met the respondents and demanded back the articles entrusted to them and that all the respondents refused to do so. She had to give in writing to the Senior Superintendent of Police. Ferozepur, in, November 1991 and on. 2.4.1992. There was a Panchayat on 6.4.1992 and the matter was compromised between her on the one hand and her husband. Sanjeev Kumar and father-in-law Ved Parkash, on the other; after which she started living with her husband. But, on the night intervening 16/17-4-1992, the respondents asked her to leave the home and took the wrist watch and ornaments back and locked them in an almirah. When she asked her husband to return the watch, she was slapped by him. The other respondents gave beatings to her with sticks and tried to strangulate her. She then came to the house of her father and was examined at Civil Hospital Abohar on 18.4.1992. On 24.4.1992 she moved a written complaint to the Senior Superintendent of Police, Ferozepur. There was a Panchayat in which a compromise was effected between the complain ant and her husband. At that time, she was given some of her golden articles. On 24.6.1992, She and her; husband went to Ferozepur; and resided there. On 4.7. 1992 they shifted to Bathinda. But, the other respondents kept on visiting their house at Ferozepur and at Bathinda and always taunted her for bringing less dowry. On 26.9.1992 at 8.30 A.M. her husband asked her for the keys of the bank locker and on refusal, locked her inside the room and started giving beatings. She escaped and gave complaint to the, Senior Superintendent of police Bathinda and after enquiry, a lady police got her some articles back from the husband of the complainant on 5.11.1992. On 8.11.1992, the complainant went and met her husband at their residence at Abohar and demanded all the articles entrusted to them but, the same was not complied with, The respondents have misappropriated the articles en-trusted to them and have committed physical and mental cruelty upon her.

(3.) The learned magistrate has, in his summoning order observed that the version of the complainant has been reiterated by the complainant as PW-1 and has been corroborated by the statements of PW5 2 to 4, and held that there are sufficient grounds to proceed against the respondents under Sections 406 arid 498-A of the, Indian Penal Code; and accordingly summoned the respondents.