RAKESH KUMAR ALIAS NARESH KUMAR Vs. PREM LAL

JUDGEMENT

(1.) - Rakesh Kumar and others seek quashing of the complaint dated 31.7.1991 titled Prem lal v. Rakesh Kumar and others pending in the Court of Sub Divisional Judicial Magistrate, Tarn Taran and the summoning order dated 30.8.1991.

(2.) THE relevant facts are that Prem Lal is the complainant. His daughter Smt. Pinki was married to petitioner No. 1 Rakesh Kumar in October, 1987. The petitioners are alleged to have been misbehaving with Smt. Pinki. On 11.2.1991 Smt. Pinki died. The cause of death was extensive burns. In the complaint field with respect to the offences punishable under Sections 406/420, Indian Penal Code, it has been asserted that at the time of marriage, on the demand of the petitioners, the complainant (respondent No. 2) had given many items of dowry. The items were to be handed over to Smt. Pinki but were not given. The petitioners were stated to have misappropriated those articles and further they had cheated the respondent No. 2, as a result of which complaint with respect to offences punishable under Section 406/420 IPC was filed.

(3.) THE petitioners contend that the deceased had made dying declaration exonerating all the petitioners. Even Prem Lal complainant-respondent had also made a statement to the Police to the same effect. It was denied that any dowry article had been given and in any case it had been asserted that Smt. Pinki died leaving behind a child who is with the petitioners.