MINAKSHI BALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Smt. Minakshi Bala was married to Ranbir Singh on 8.02.1987 according to Hindu rites. According to her, her parents gave her huge dowry befitting their financial position and status consisting of gold ornaments including Maruti car No. PCL 9147 in marriage which was meant for her use and was her Stridhan property. The moment Barat landed at their house, her husband, father -in -law, mother -in -law and others of their family (named in the FIR) started expressing that the dowry given was not adequate. After marriage, they started ill -treating/maltreating her that she should bring money from her parents so that they could commence some business. Her parents were unable to fulfil their demands and requested them that they were unable to give them any more dowry. She gave birth to two daughters. Birth of daughters to her added fuel to the fire and they increased the tempo of their ill -treatment towards her. Dowry given to her was misappropriated by them and she was thrown out of the matrimonial home on 13.6.1990. The Car PCL 9147 (hereinafter to be referred as the car) was misappropriated by her jeth Sudhir Kumar. Case FIR No. 162 dated 24.9.1990 was registered at PS Civil Lines, Ludhiana under Sections 406 and 498 -A IPC on her statement made on 24.9.1990 before Inspector Harbhajan Singh, Incharge Homicide Staff, Ludhiana.

(2.) ON 26.11.1990, the car was seized from the possession of Gurdev Singh son of Waryam Singh r/o H.No. 4545, Street No. 13, Simlapuri, Ludhiana. Various other articles of dowry were seized on different dates. Gurdev Singh, sole proprietor of M/s. GSB Mechanical Workshop, Ludhiana, made application before Additional Chief Judicial Magistrate, Ludhiana for the release of the said car to him on spurdari. Car was ordered to be released on spurdari in the sum of Rs. 1 lacs to said Gurdev Singh by the order of the Magistrate dated 3.5.1996. Smt. Minakshi Bala has challenged this order through this Crl. Revision alleging that this car had in fact been purchased by her brother Yashpal Goyal on 8.2.1987 which is the date of her marriage from its original owner Shri Naseem Akhtar through Shri Vijay Pal Bansal Car Bazar, Bharat Nagar Chowk, Ludhiana. Her jeth Sudhir Kumar in connivance with one Mohinder Singh clerk of the office of District Transport Officer, Ludhiana after fabricating/forging certain documents got the said car transferred in his own name. Thereafter Sudhir Kumar sold the said car to one Mangal Singh of M/s Surendra Corporation, Ludhiana on 2.6.1989 who sold that car further to Gurdev Singh son of Waryam Singh, proprietor of M/s. GBS Mechanical Works. Since Sudhir Kumar had got the said car transferred in his own name in active connivance with Mohinder Singh, Clerk of the office of District Transport Officer, Ludhiana after committing forgery/fabricating documents though he had no proof of having purchased that car from Naseem Akhtar, she got registered case FIR No. 210 dated 3.11.1992 under Sections 420, 467, 468, 471, 201 and 120 -B IPC at PS Civil Lines, Ludhiana against Sudhir Kumar, Mohinder Singh and Ranbir Singh. In case FIR No. 210 dated 3.11.1992 (ibid), the challan was presented on 30.5.1995. In case FIR No. 162 dated 24.9.1990, after the car had been seized on 26.11.1990 from the possession of Gurdev Singh -respondent No. 2, she made an application to the court of Chief Judicial Magistrate, Ludhiana for the release of that car. Gurdev Singh also made an application for the release of that car to him. Vide order dated 21.12.1990, Additional Chief Judicial Magistrate ordered the release of the car to Gurdev Singh on spurdari on the ground that he figured in registration certificate as owner of the car. Car was ordered to be handed over to him on executing bond in the sum of Rs. 1.30 lacs by Additional Chief Judicial Magistrate, Ludhiana vide order Annexure P1. She made enquiries as to how car had reached the hands of respondent No. 2 Gurdev Singh and how he was recorded as registered owner in the registration certificate, and lodged FIR No. 210 dated 3.11.1992 (ibid) against Sudhir Kumar, Ranbir Singh and Mohinder Singh at PS Civil Lines, Ludhiana. In case FIR No. 210, car was seized from the possession of Gurdev Singh on 30.4.1995. On 2.5.95, she made an application before the Additional Chief Judicial Magistrate, Ludhiana for the release of car on spurdari to her as the same was her Stridhan property. It was also stated by her in that application that in case the car was allowed to be kept with the police or delivered to Gurdev Singh -respondent, there was every possibility of the various parts of the car being pilfered and the car rendered of no use to her. Additional Chief Judicial Magistrate ordered the release of car to Gurdev Singh respondent vide order Annexure P2 in terms of the order dated 21.12.1990 passed by the then Additional Chief Judicial Magistrate, Ludhiana.

(3.) THIS application was resisted by Gurdev Singh s/o Waryam Singh urging that the car was never given to her by her brother in marriage. Car was owned by Naseem Akhtar who sold the same to Sudhir Kumar and Sudhir Kumar further sold the same to M/s Surendra Corporation. M/s Surendra Corporation further sold the same to him (Gurdev Singh).