BEANT KAUR Vs. MUKAND SINGH

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of Code of Criminal Procedure seeking the quashing of criminal complaint, copy Annexure P1, filed under Sections 420/406 of Indian Penal Code by the respondent- husband and the order of summoning, copy Annexure P2, dated 18.3.1997 passed by Chief Judicial Magistrate, Fatehgarh Sahib vide which the petitioner-wife has been ordered to be summoned under Sections 420/406 of Indian Penal Code.

(2.) THE petitioner Smt. Beant Kaur was married with the respondent Mukand Singh on 5.4.1992 at village Mahmood Pur, Tehsil Bassi Pathana, District Fatehgarh Sahib by way of Anand Karaj ceremony. Thereafter, the petitioner-wife went to the house of her husband Mukand Singh respondent and lived together in village Sounda, Tehsil and District Fatehgarh Sahib for about one year. The relations between the petitioner and respondent, however, became strained and there were allegations of maltreatment and cruelty. The efforts to resolve the dispute between the couple were, however, not successful and eventually they agreed to separate from each other and agreed to seek divorce by mutual consent under Section 13-B of the Hindu Marriage Act. It was agreed between the parties i.e. the petitioner-wife and the respondent-husband that the respondent- husband would pay to the petitioner-wife a sum of Rs. 2,60,000/- in full and final settlement of all claims regarding the value of the dowry property/Istri Dhan and permanent alimony. The petitioner-wife in pursuance to the mutual agreement appeared in the Court of competent jurisdiction and made a statement regarding taking divorce by mutual consent and on that day i.e. on 24.5.1996 she admitted having received a sum of Rs. 1,50,000/- out of the total agreed amount of Rs. 2,60,000/-. She is also alleged to have stated before the said Court that she was making the statement without any pressure from anyone and of her free will. The Court thereafter fixed the next date for 27.11.1996 for disposal of the petition filed under Section 13-B of the Hindu Marriage Act. On the date fixed i.e. on 27.11.1996 the petitioner-wife, however, resiled from her earlier stand and refused to proceed with the case, as a result of which the petition under Section 13-B of the Hindu Marriage Act was dismissed by the said Court. The husband-respondent Mukand Singh filed a criminal complaint, copy Annexure P1, which is impugned in this petition filed by the wife Beant Kaur, in the Court of Chief Judicial Magistrate, Fatehgarh Sahib under Sections 420/406 of Indian Penal Code. The respondent-husband alleged that the petitioner-wife Beant Kaur mis-appropriated the amount of Rs. 1,50,000/- of the complainant and refused to pay the same to him and has, thus, committed the offence punishable under Sections 420/406 of Indian Penal Code by dishonestly mis-appropriating the amount of Rs. 1,50,000/- and cheating the complainant-husband. The respondent-husband went to the Police Station Sirhind to lodge the report against wife-petitioner but the Police refused to register FIR. Consequently, the impugned complaint was filed on 4.12.1996.

(3.) THE petitioner-wife seeks the quashing of the complaint on the ground that there is no allegation or averment that the amount paid to her was being paid as a consideration of divorce. On the other hand, the alimony was being paid for expenses incurred on dowry articles and for maintenance which the husband was bound under the law to pay even when no divorce was granted. The dowry articles were entrusted to the husband at the time of the marriage which he was bound to return and failure to do so attracted the penal proceedings under Sections 4 and 5 of the Dowry Prohibition Act. It was alleged that the payment of a sum of Rs. 1,50,000/- by the respondent-complainant to the petitioner-wife fulfilled the part of the legal obligations. A copy of the petition filed under Section 13-B of the Hindu Marriage Act is annexed with this petition as Annexure P3. The statements for withdrawal of the petition under Section 13-B aforesaid made by the petitioner as well as the respondent were annexed as Annexures P4 and P5. It was also contended that under the settled law, the petitioner-wife even after the filing of the petition for divorce on mutual consent could, prior to the grant of divorce, withdraw the consent. It was, thus, urged that no offences punishable under Sections 406/420 of Indian Penal Code were prima facie committed by the petitioner-wife and as such, the impugned complaint and impugned order of summoning were liable to be quashed as they amounted to abuse of process of law.