RAM KALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by Ram Kali invoking Section 482 Cr.P.C. for quashing the complaint filed by Smt. Kamla respondent No. 2 dated 28.11.1990 and subsequent proceedings in pursuance of the said complaint.

(2.) THE relevant facts are that respondent No. 2 filed a complaint against the petitioner and others with respect to offences punishable under Sections 406/498-A IPC. She had complained that her marriage was solemnized with Parmod Kumar on 25.5.1983. Petitioner is her mother-in-law. At the time of marriage sufficient dowry had been given. Out of the articles of dowry, some of the articles were even entrusted to Mithan Lal father of her husband and some of the articles to Puran Chand. There were some articles which had been entrusted to the petitioner. The accused persons were not satisfied with the dowry. They started treating her with cruelty for bringing insufficient dowry. As a result of it, respondent No. 2 was beaten mercilessly. Her husband used to give the threats that he would divorce her. She was turned out of the house and the dowry articles despite demand were not returned. In paragraph 9 respondent No. 2 had pleaded :-

(3.) BY virtue of the present petition, the complaint and the subsequent proceedings are prayed to be quashed. It is pleaded that earlier complaint filed by respondent No. 2 had been dismissed. Once the earlier complaint had been dismissed, the second complaint was not maintainable.