BACHAN SINGH Vs. HARPREET KAUR

JUDGEMENT

(1.) BACHAN Singh and his wife Smt. Surjit Kaur have filed the present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing the complaint (Annexure P. 1) and the resultant proceedings including the summoning order (Annexure P2) passed by the Judicial Magistrate, I Class, Ludhiana.

(2.) THE brief facts necessary for the disposal of the present petition are that respondent-Smt. Harpreet Kaur has filed a complaint for the offences under Sections 406 and 498-A of the Indian Penal Code against the present petitioners and four others. According to the averments in the complaint (Annexure P. 1), the respondent was married with Balbir Singh on 27. 11. 91 at village Jaipura, Police Station Payal, Tehsil & District Ludhiana, according to Sikh rites and thereafter the complainant and her husband lived and cohabited as husband and wife but there is no issue out of this wedlock. The complainant is the only daughter of her parents who have got valuable property within the limits of Doraha city. Her father is employed as a Foreman in Ralson Tyre Co. at Ludhiana. On the occasion of the marriage costly articles were given in dowry and were entrusted to her husband, parents-in-law, brothers-in-law and sister-in-law. After the marriage, Her husband started coercing and maltreating her on account of inadequacy of dowry and a sum of Rs. 20,000/- was given in cash to him for the purchase of a scooter besides other articles but he was not satisfied and started coercing and maltreating her for the reason as to why a Maruti car was not given to her. Her husband, her parents-in- law, brothers-in-law and sister-in-law i. e. , all the six persons named as accused in the complaint pressurised the complainant that even the sale of one Kanal landed property can fetch more money than the value of a Maruit car and so why her parents were hesitating to provide the same. This demand was not fulfilled and the accused persons started beating and harassing her. Her parents continuously requested the accused persons including the petitioners not to maltreat, harass and beat the complainant but in vain. A Panchayat took place on 5. 3. 93 wherein her husband agreed to keep her at Chandigarh within 15 to 20 days. On the request of her husband (accused No. 1) a house was arranged by the parents of the complainant and they also provided household articles like colour TV, refrigerator washing machine etc. including some jewellery but her husband was still not satisfied and he pressurised the complainant as she was the only child of her parents, why not the landed property was transferred in his name by her parents. It is further alleged in the complaint that the lust of all the accused increased day by day with the intention only to grab the property and costly articles from the complainant and her parents. On 25. 8. 93 the complainant was given severe beatings by all the six accused and they asked the complainant to pressurise her parents to purchase a Maruti car and to transfer the landed property in the name of accused No. 1 failing which there was no place for her in their house. Her clothers were torn out, whereas some of the accused shouted that her life may be finished by sprinkling kerosene. It is further alleged that her husband Balbir Singh sprinkled kerosene on her and other accused were about to lit up the fire when she ran away from the house and went to the Gurdwara in Section 21-C, Chandigarh. She contacted her father on telephone and informed him that her life was in danger. She remained in the Gurdwara when her parents reached there. Entire incident was narrated to them. She along with her parents went to the house in Sector 21-C but nobody was found present there as they had already gone away by locking the house. Even inspite of this fact, efforts were made to compromise but in vain. The police did not take any action in spite of several complaints. a Panchayat was called where a compromise was effected on 26. 3. 94 but her husband did not keep his words. It is then alleged that the life of the complainant was made hell by the accused persons and she was being harassed by all the accused so as to force her to commit suicide.

(3.) FEELING aggrieved, the parents of the husband of the complainant have filed the present petition for quashing the complaint and the summoning order. Notice was issued to the respondent. According to the report of the Process Server, she had refused to accept the service.