RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'the Code'), for quashing the complaint (Annexure P. 1) filed under Sections 494/495/114/149, Indian Penal Code, and the summoning order (Annexure P.6), passed by the Sub-Divisional Judicial Magistrate, Mansa, and all subsequent proceedings arising therefrom.

(2.) The facts necessary for the disposal of this petition are that Smt. Satinder Kaur (Respondent No. 2 herein) was married with Dr. Satinder Singh on 14-12-1987 according to Sikh Anand Karai. rites at Mensa. Out of this wedlock a son Kamal Preet Singh was born. Petitioner No. 1 is the father, Petitioners Nos.2 and 3 are the brothers, petitioner No. 4 is the sister and petitioner No. 5 is the brother-in-law of said Dr. Satinder Singh.

(3.) Smt. Satinder Kaur-respondent No. 2 filed a complaint (Annexure P. 1) against her husband Dr. Satinder Singh and the present petitioners for the offences under Sections 494/ 495/ 114/149, Indian Penal Code, on the allegations that the accused-persons are of greedy nature, that they took dowry worth Rs.2,76,950/- from her parents at the time of her marriage and after the birth of her son Rs.10,000/- and 2 tolas gold was also given to them but they kept on asking for more dowry. In December 1991, her mother-in-law expired. On 12-l-1992, the accused persons turned out the complainant from the matrimonial home after giving her beatings and kept the dowry articles with them. At the intervention of Panchayat a compromise was effected. According to the compromise, the complainant and her husband Dr. Satinder Singh started living separately at Mansa and the gold ornaments were also returned to the complainant. In September 1992, Dr. Satinder Singh got admission in M. D. in Rajindra Hospital, Patiala. It has been alleged that some time there after her husband Satinder Singh told her to ask her father to build a house at Patiala, and on her refusal he had given beatings to her and told that if his demand was not met, he would marry again. On 19-12-1993, Dr. Satinder Singh left the complainant taking all the gold ornaments and the National Savings Certificates with him with the warning that he would not take the complainant until her parents would construct a house for him. In spite of all efforts made by her parents Dr. Satinder Singh refused to return the articles. FIR No. 7 dated 8-1-1994 for the offences under Sections 406/498A, I.P.C., was registered against Dr. Satinder Singh and petitioners Nos. 1 to 4 herein.