JASBIR KAUR Vs. KAMALJIT KAUR

JUDGEMENT

(1.) THE matter here concerns the complaint filed by the wife Kanwaljit Kaur against her husband Gurmit Singh, his parents brothers and sister under sections 405 and 406 of the Indian Penal Code alleging therein that at the time of her marriage, articles worth Rs. 40,000/- had been entrusted to them as dowry and that they had since been misappropriated by them.

(2.) IN order to prove her allegations in the complaint, Kanwaljit Kaur, besides appearing the witness box herself also examined her father Kaka Singh and two other witnesses, namely; Ujagar Singh and Teja Singh. The trial Magistrate, finding a prima facie case against the husband and his relations summoned them to stand trial for an offence under Section 406 of the Indian Penal Code. The present petition here is by the sister and brothers of the husband Gurmit Singh seeking the quashing of the complaint as also the order summoning them to stand trial.

(3.) FURTHER , it will be seen that in this impugned order, summoning the petitioners as accused the trial magistrate has not adverted to any evidence specifically implicating any of the petitioners in respect of any particular article of dowry.