JASBIR KAUR AND ORS. Vs. HARJINDER KAUR

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 482 of the Code of Criminal Procedure ("Cr.P.C." for short) seeking quashing of complaint dated 7.11.1998 (Annexure P -2) under Sections 406/498 -A of the Indian Penal Code ('IPC' for short) and entire proceedings taken thereunder pending in the Court of Judicial Magistrate, Ist Class, Ludhiana.

(2.) HARJINDER Kaur -respondent filed a complaint under Sections 406/498 -A IPC. The case of the complainant/respondent was that she got married to Sikandar Singh on 23.3.1991. No child was born to them. Sikandar Singh was serving in the Army as a Sepoy and was getting Rs. 5,000/ - per month as salary. Sufficient dowry was given at the time of her marriage. However, the petitioners in the present case harassed the complainant -respondent on account of inadequate dowry. Respondent -complainant was given severe beatings in March 1994 by Sikandar Singh under the influence of liquor and on 28.12.1994, she was left at her parental home. The efforts regarding re -conciliation proved futile.

(3.) SIKANDAR Singh had filed a petition under Section 13 -B of the Hindu Marriage Act ('the Act' for short) on 24.4.1998. Respondent -complainant appeared in the said case and filed her written statement. The said petition was dismissed by Additional District Judge, Ludhiana on 6.11.2000. The complaint in question was filed on 7.11.1998 (Annexure P -2). Respondent -complainant filed a petition under Section 9 of the Act seeking restitution of conjugal rights. A perusal of order dated 12.11.2002 (Annexure P -3) reveals that a compromise was effected between the parties and they had decided to live together in the matrimonial home and the petition was disposed of in terms of the compromise. Thereafter, the application for discharge under Section 245 Cr.P.C. was moved by the petitioners but the same is still pending.