SHIV DAYA ARORA Vs. RENU ARORA

JUDGEMENT

(1.) The petitioners are seeking quashing of criminal complaint (Annexure P. 18) and of the order dated 26-7-2004 (Annexure P. 27) passed by Judicial Magistrate 1st Class, Jalandhar, whereby they along with their son Anil Arora were summoned to face trial for offences punishable under Sections 406/498-A read with Section 34, IPC.

(2.) Intitially the complaint was filed against the petitioners, their son Anil Arora and eight others for the aforementioned offences. It was alleged therein that the marriage of complainant/respondent was solemnized with Anil arora at Delhi on 3-12- 1992. At the time of ring-cermony, Anil Arora had made a demand of Rs. 1,70,000/- as he needed the same for his business. A cheque was issued by the father of the complainant in his favour at the time of the engagement, the parents of the complainant gave articles, which included a Maruti 800 car. Even at the time of the marriage, the parents of the complainant gave huge dowry, details of which were mentioned in the list attached with the complaint. The same were handed over to Anil Arora and his other relatives, including the petitioners. In spite of the same, all the accused expressed dissatisfaction and claimed more dowry. They had been telling her that her parents should have given a Maruti Esteem car and the jewellery given by her parents was of inferior quality. She was tortured and harassed on that account. As a result, her pregnancy was comaborted in January 1993. A year later, she again became pregnant. She was compelled by the accused to ask her father to mortgage his property in the bank for getting a loan for Anil Arora and his company, namely, M/s. Wings Plastic. Instead of doing so, the father of the complainant gave a sum of Rs. 1,32,000/-, which was deposed in the account of the aforementioned firm. Even in spite of that, the accused used to harass her claiming that the dowry articles were of inferior quality. In October, 1994, the accused called her parents to Delhi on the pretext of attending a function in the family. On 15-10-1994, when the parents of the complainant started on their return journey from Delhi, she was also forcibly put in the car stating that there was no place in their house for her unless their demands were met. The accused had been pressing upon the complainant to ask her father to transfer his immoveable property in the name of Anil Arora, as she was the only daughter of her parents. Even since then, she had been living along with her young child with her parents. Her husband Anil Arora filed a divorce petition at Delhi, which was transferred to the Court at Jalandhar, and it was finally dismissed. Claiming that she was maltreated by the accused for meeting their illegal demands of dowry and her dowry articles wrongfully retained by them, she sought action against the accused by filing the criminal complaint.

(3.) After perusing the preliminary evidence and the allegations contained in the complaint, learned Judicial Magistrate found sufficient grounds for summoning the petitioners and their son Anil Arora for the aforementioned offences. However, it was held that there was no substance in the allegations regarding the entrustment of the dowry to the eight other accused as all of them were married and had no concern with the dowry given by the parents of the complainant at the time of her marriage. Accordingly, none of them was summoned.