(1.) KULWANT Kaur was married with Ashwani Kumar Bedi on 18th May, 1986. Case FIR No. 125 dated 01.08.1987 was registered at Police Station, Civil Lines, Ludhiana under Section 406, 498-A IPC. This FIR was lodged by Kulwant Kaur, who stated that at the time of marriage, various articles of dowry and cash worth Rs. 51000/- were given to the in-laws parents and the money was also spent. It was further stated that after 10 days of the marriage, Ashwani Kumar had gone to Germany. It has been stated by the State counsel that Ashwani Kumar has been declared as proclaimed offender.
(2.) IN the FIR, eight accused were named. Learned Chief Judicial Magistrate, Ludhiana on 12th August, 1988 discharged Ghoga, Shamma and Sampati and came to the conclusion that offence under Section 406, 498-A is made out against Ravi Bedi, Raman Bedi, Surinder Kaur and Reeta. Aggrieved against the order dated 12th August, 1988, revision was preferred by Ravi Bedi, Raman Bedi and Surinder Kaur and Reeta.
(3.) SINCE minor brothers and sister have no role to play in the demand of dowry and the cruelty, therefore, the order of discharge qua them need not be disturbed by this revisional Court. However impugned order qua Surinder Kaur, mother-in-law cannot be sustained. Section 498-A specifically states that husband or the relatives of the husband of a woman, if they subject such woman to cruelty, are to be punished. Cruelty and demand of dowry are matter of evidence. At the time of framing of the charge, only prima facie allegations are to be seen. Truth and veracity of the allegations is not to be gone into.