CHAND RANI Vs. SUNITA RANI

JUDGEMENT

(1.) THE petitioners seek the quashing of the complaint (Annexure P1) filed by the respondent against them alongwith her husband,namely, Raj Kumar under Sections 406/498A, Indian Penal Code and the summoning order (Annexure P.2). passed by the Judicial Magistrate Ist Class, Ludhiana, on November 17,1987.

(2.) BRIEFLY the allegations levelled against them are that she was married to Raj Kumar on 8-12-1985 and at that time her parents gave a number of articles to Raj Kumar and his parents by way of dowry and that some time later the accused (meaning thereby all the petitioners and her husband) turned her out and also declined to return "the articles of dowry." After recording some evidence under Section 202, Criminal Procedure Code, the trial Magistrate passed the impugned order (Annexure P. 2).

(3.) THE learned counsel for the respondent has contended that there can be no bar to a complaint being filed against the relations of the husband and in support of this assertion he has cited L.V. Jadhav v. Shankara Abasaheb Pawar and others, (1983(2) Recent Criminal Reports 400 : 1983 Cri. L.J. 1501) and Pratibba Rani v. Suraj Kumar and anr., (1985(1) Recent Criminal Reports 539 : 1985(1) C.L.R. 466). It is needless to refer to these authorities because the facts and circumstances stated therein are clearly distinguishable from the facts and circumstances of the present case.