LAWS(P&H)-1988-8-65

PARDEEP KUMAR Vs. STATE OF PUNJAB

Decided On August 11, 1988
PARDEEP KUMAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) RESPONDENT No. 2 was married to petitioner No. 1 on May, 19, 1986 at Fazilka and earlier to the marriage Sagan was performed on May 18,1986. On the last ceremony draft of Rs. 51,000/-, colour T.V. and V.C.R. as also Bajaj scooter were given. Fruit and sweets worth Rs. 5,000/- were also given. Father of respondent No. 2 died in the year 1978 and her marriage was performed by her brothers and mother after selling some land and gold.Apart from that relatives of respondent No. 2 also gave some gifts included in the list attached with the FIR, as Istrdhan. These articles had been entrusted to petitioner No. 1, father of petitioner No. 1 Devi Dass petitioner No. 3 and his brother Anil Kumar and articles remained in their control. She had been performing her duties as a dutiful wife and served her in-laws according to customs. It is further alleged that the petitioners were not happy with the items of dowry and she started leading a very miserable life in the house of her husband. Thereafter, petitioner No. 1 was compelling her either to bring a car or rupees one lac.

(2.) CERTAIN other allegations were also made in the petition and it is said that ultimately respondent No. 2 was turned out of the house on June 19, 1986. All the petitioners at that time said that petitioner No. 1 was going to conduct second marriage. Some respectables were taken to bring back the 1stridhan but the petitioners refused and said that they had misappropriated. The petitioners are said to have given mental and physical torture and therefore, they have committed offences under section 498-A IPC and having misappropriated 1stridhan an offence under section 406 Indian Penal Code. This case was registered vide FIR No. 115 dated May 16, 1987, Police Station (City) Abohar.

(3.) THIS petition was filed for quashing the First Information Report as also the charge. On June 1, 1988, notice to the A.G. Punjab, was issued.