BALWINDER KUMAR Vs. KASHAMA DEVI ALIAS SHAMA DEVI

JUDGEMENT

(1.) THE petitioners Balwinder Kumar and Subhash Kumar have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint filed against them by the respondent Kashama Devi alias Shama Devi wife of their brother Rajinder Kumar. The complaint has been filed under Section 406 read with Section 34 Indian Penal Code, against the petitioners as well as Rajinder Kumar and is pending in the Court of the Judicial Magistrate, Ist Class, Nawan Shahar.

(2.) IN the complaint it is alleged by the respondent that she was married with Rajinder Kumar in April 1986 and dowry worth Rs. 70,000/- given by her parents at the time of marriage. It is stated that subsequently the respondent's father gave further a sum of Rs. 2000/- and articles worth Rs. 6000/- on demand of the respondent's husband. It is said that the respondent had to leave the house of her husband on account of the latter's ill-treatment and despite the respondent's demand the dowry articles have not been returned to her. Primarily the allegations in the complaint are against the respondent's husband and it is only vaguely alleged that the dowry articles were entrusted to other relatives of the respondent's husband too including the petitioners. It is not alleged that any specific article of dowry had been entrusted with the petitioners at the time of marriage. On the contrary in the statement of the respondent recorded by the learned trial Court in preliminary evidence she did not utter a word against the petitioners and did not allege that any dowry articles had been entrusted with them.

(3.) THE result is that the impugned complaint as well as the proceedings taken therein by the learned Judicial Magistrate are quashed qua the petitioners.