RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SARWAN Singh, father of bride Surinder Kaur, lodged against her husband Rajinder Singh, her parents-in-law, sister and brother-in-law of her husband First Information Report No. 453 on 29th December, 1986 under Sections 406/498-A of the Indian Penal Code in Police Station Division No. 6, Ludhiana, for criminal breach of trust committed by them in respect of her dowry articles and the inhuman cruel treatment meeted out to her by all the five accused aforesaid in her matrimonial home at Ludhiana after marriage.

(2.) ALL the five persons arrayed as accused filed in this Court Criminal Misc. No. 4601 of 1987 for quashing the First Information Report but got it dismissed as withdrawn on 28th November, 1988 on the ground that instead of filing it against the wife, they would file it against the State; at whose instance they were being prosecuted. Hence Criminal Misc. No. 9245-M of 1988 filed against the State of Punjab.

(3.) IT has been urged on behalf of the petitioners that there is no allegation in the First Information Report about the entrustment of specific articles of dowry to anyone from amongst the Five accused persons. The argument is of no avail because all the five accused admittedly attended the marriage on 11th December, 1982 less than 7 years ago and the articles of dowry were entrusted to them jointly after the performance of marriage before they returned with the bride to her matrimonial home in Ludhiana after marriage.