NARAIN SINGH Vs. GULDESH KAUR

JUDGEMENT

(1.) IN this petition, complaint as also the order summoning the petitioners are being sought to be quashed on the ground that the allegations of demand of dowry and cruelty made against the petitioners are vague. Counsel for the petitioners has contended that the order of summoning, in absence of any specific allegation of specific act, is illegal and against the provisions of law. He also contended that the complaint lips been filed in counter -blast of the decree of divorce which the husband had obtained against the respondent.

(2.) AFTER hearing the learned counsel, I am of the view that no case is made out ior quashing of the complaint. The learned Magistrate on the basis of complaint and evidence recorded, was satisfied that a prima -facie case has been made out against the accused and, therefore, all the petitioners have been summoned under Section 406/498 -A I.P.C. At this stage, the Court cannot critically examine whether the allegations are true or false. it would also be not proper for this Court to quash the complaint merely on the submission of learned counsel for the petitioners that the allegations made against the petitioners are vague. Accordingly, this petition shall stand dismissed leaving it open to the petitioners to raise all the pleas taken in this petition before the trial Magistrate. On appearance of petitioners before the trial Magistrate, their personal appearance shall be exempted provided they give an undertaking in writing that they shall appear through counsel as also in person as and when required by the Court and shall have no objection if the evidence is recorded in their absence.