HARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners sought quashment of first information report (Annexure P-1), registered against them at Police Station Mansa, under Sections 406/498-A/506, Indian Penal Code.

(2.) IN brief, according to the allegations made in the first information report, marriage of Jasbir Kaur, first informant, with Harinder Singh petitioner was solmenised on 28.3.1978. At the time of marriage, gold ornaments and other article were given in dowry for her use. The said articles were entrusted by her father to her husband Harinder Singh, and her father-in-law Gurdev Singh, who brought all these articles to their house. She was harassed to bring more dowry by all the three petitioners. Her father gave Rs. 20,000/- before Baldev Singh Sarpanch, her mother's sister's son. The petitioners gave her beating, and, ultimately, in January 1984 they turned her out of their house and did not allow her to take any of her articles. On the intervention of the Panchayat in July, 1987, the first informant was against brought and left in the house of her in-laws, and, gold ornaments, clothes and cash worth Rs. 5,000/- were given to her in-laws for her use. After a few days further demand of Rs. 50,000/- was made by her in-laws. They started giving beatings to her, and, threatened to kill her. About six days prior to the lodging of the first information report, she was turned out of the house by all the three petitioners, who, again asked her to bring Rs. 50,000/- in cash from her father, and, only then they would keep her in their house. Thus, according to the first informant, the three petitioners aforesaid retained the articles of her dowry, valued at Rs. 1,50,000/-, which was misused by them, and, they also threatened to kill her in case she did not bring Rs. 50,000/- or tried to pressurise the petitioners through Panchayat.

(3.) IT was rightly conceded by the learned Counsel for the parties that in order to dispose of this petition, only the allegations made in the first information report have to be taken into consideration. In order to constitute an offence under Section 406, Indian Penal Code, two ingredients are essential : Firstly, entrustment of property to the accused, and, secondly, dishonest misappropriation thereof.