MANJU JAIN @ GUNTAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Saroj Bala daughter of Attar Chand of Fatehabad was married to Surinder Kumar son of Kailash Chand resident of Ratia on 25.4.1993 according to Hindu rites and ceremonies. Kailash Chand, his sons Balwinder Kumar and RajKumar, wife Maya Devi, daughters Manju and Satbala accompanied the Bharat. In marriage, Attar Chand gave dowry befitting his financial position and status consisting of 4 gold bangles, one gold necklace, 2 gold rings, one pair of gold earrings, nose pin, three pairs of silver anklets, three pairs of silver chutki, one big iron trunk, one iron trunk, 2 VIP suitcases, sarees -blouses and petticots, one pressure cooker, one Milton Water Store, one kitchen fan, one room heater, 100 utensils, one electric iron, one Dinner Set, four beddings, one lady watch, sewing machine and other articles all of the value of Rs. 86,000/ - and Rs. 25, 000/ - was given as cash for the purchase of furniture etc. Entire articles of dowry were handed over to Kailash Chand, Surinder Kumar Balwinder Kumar, Raj Kumar, Maya Devi, Manju, Satbala at the time of departure of doli from Fatehabad in the presence of respectables namely Main Chand, Bahadur Chand, Badri Parshad and Hanuman Parshad. Aforesaid dowry was Istridhan of Saroj Bala.

(2.) THIS is Crl. Misc. No. 9700 -M of 1996 filed by Manju Jain @ Guntal and Satbala daughters of Kailash Chand under Section 482 Cr.P.C. whereby they have prayed the quashing of the aforesiad FIR against them. It is alleged that Manju was unmarried sister of Surinder Kumar at the time when Surinder Kumar's marriage took place. Satbala is the elder sister of Surinder Kumar married in the year 1983 and since then residing with her husband and in -laws at Madlouda Mandi, District Panipat. In the presence of the husband of Saroj Bala, his father, brothers, it is not believable that the dowry articles would be handed over to the unmarried sister of Surinder Kumar and the married sister of Surinder Kumar who had all along been putting up with her in -laws. No offence is made out against Manju and Satbala under Section 406/498 -A, IPC. Allegations made against them are vague. It is not specified as to which article was entrusted to them and which article was entrusted to the other members of the family of Surinder Kumar.

(3.) RESPONDENT No. 2 Attar Chand contested this petition urging that Sub Divisional Judicial Magistrate has drawn up charges against Kailash Chand etc. including the petitioners. FIR should not be quashed after the charges are drawn up. Petitioner No. 1 was unmarried at the time of marriage of Saroj Bala to Surinder Kumar. She was quite a participant when articles of dowry were handed over to Kailash Chand, Surinder Kumar etc. Petitioner No. 2 is issueless. She was mostly putting up with her parents. She was thus also an equal participant when articles of dowry were handed over to Kailash Chand, Surinder Kumar etc. It was denied that the entire family has been named. Only those have been named who are perpetrators of the crime.