SANJAY KHOSLA Vs. SUMINA

JUDGEMENT

(1.) SANJAY Khosla, husband of Smt. Sumina complainant, has filed this petition under Section 482 of the Code of Criminal Procedure, for quashing the complaint Annexure P-1 under Section 406 of the Indian Penal Code and summoning order Annexure P-2.

(2.) ACCORDING to the averments made in the complaint Annexure P-1 filed by Smt. Sumina, respondent, she was married to Sanjay Khosla on 11.7.1989 at Ghaziabad. Shri D.N. Khosla and Smt. Shashi Khosla, the parents of Sanjay Khosla and Jogesh Khosla and Rajesh Kumar Khosla, his brothers had come to Ghaziabad along with the marriage party. The parents of the complainant had given dowry listed in Annexure 'A'. The articles at serial Nos. 1 to 10, in Annexure 'A' were handed over to the parents of Sanjay Khosla, whereas other articles of dowry were entrusted to his brothers accused No. 4 and 5, whereas the cash given in dowry was handed over to Sanjay Khosla. After about 10/15 days of the marriage, the petitioner-accused No. 1 took the complainant to Surat, where they lived together upto 12.10.1992 and during this period the complainant was treated with utmost cruelty by her husband. While going to Surat, the accused did not allow the complainant to take any article of dowry along with her. While at Surat, the complainant found her husband completely addicted to drinking. He compelled her to bring money from her parents. Consequently, her father gave Rs. 10,000/- to him. Thereafter, the complainant and her husband returned to Morad Nagar where they lived together upto 6.1.1993. On the said date, the brother of the complainant had gone to Morad Nagar. The accused picked up a quarrel with him and after doing so, they turned the complainant out of the house as a result of which she took shelter at the house of her parents at Jalandhar. The articles of dowry were not returned in spite of the repeated demands made by the complainant on 6.1.1993 and are being retained by the accused.

(3.) THE learned counsel for the petitioner has argued that the parties subsequent to the marriage never lived together at Jalandhar nor any article of dowry was entrusted or retained at Jalandhar and as such, the Court of Judicial Magistrate at Jalandhar has no jurisdiction to try the case.