RAI SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) THIS petition under Section 482, Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') relates to quashment of complaint dated 10-3-1988 (Annexure P 1), filed by the respondent-wife against her husband Rai Singh, and, his brothers Nirbhai Singh and Chetan Singh, petitioners, under Sections 406 and 498-A read with Section 34, Indian Penal Code, and, the resultant proceedings taken on the basis of the said complaint, including the summoning order dated 4-8-1988 (Annexure P 2), passed by the Sub-Divisional Judicial Magistrate, Khanna.

(2.) IN brief, the marriage between petitioner No. 1 and the respondent took place as far back as 14-5-1959. The respondent filed a complaint (Annexure P 1) in the Court of Sub-Divisional Judicial Magistrate, Khanna, on 10-3-1988. According to the allegations made in the complaint, all the accused-petitioners demanded dowry as a condition precedent for the solemnisation of the said marriage, On the inducement and pursuance of the accused, the articles of dowry mentioned in the list attached, which constituted Istri Dhan and absolute property of the complainant, were entrusted to petitioner No. 1 at the time of marriage, by the parents and relatives of the complainant, with the direction to the husband (petitioner No. 1) to give the said articles of dowry to the complainant as and when demanded. On 15-12-1977 an amount of Rs. 36,000/- was deposited by Sh. Jagir Singh, father of the complainant, in her name in the fixed deposit, with the Union Bank of India, Mandi Gobindgarh. The said amount along with interest was withdrawn by her husband. All the accused in furtherance of their common intention, subjected her to all sorts of mental and physical cruelty, and, also harassed her and her parents with a view to coerce the complainant to meet their unlawful demand and to bring money from her parents. On 28-2-1988 the accused petitioners went to the residence of the complainant in the morning. At that time her husband (petitioner No. 1) told her that she should never try to return to his house as she had performed the marriage of his son without getting Deluxe Maruti Car, and, rupees two lacs from the in law of his son. The accused petitioners also threatened that they would negotiate to perform second marriage of Rai Singh accused-petitioner. On hearing this, the complainant demanded return of the articles of dowry, but the accused refused to do so. At that time her husband also demanded rupees one lac in cash from her as a condition precedent, in order to rehabilitate her.

(3.) IT has been rightly, contended on behalf of petitioners Nos. 2 and 3 that there are no specific allegations that any specific article of dowry had been entrusted to them at the time of solemnisation of marriage of Rai Singh (petitioner No., 1) with Gurdev Kaur respondent, which, took place about 30 year back. Rather, in para No. 4 of the complaint it has been specifically mentioned that the articles of dowry, which constituted Istri Dhan and absolute property of the complainant, were entrusted to her husband Rai Singh petitioner. In para No. 12 of the complaint it is mentioned that on 28.2.1988, when, the complainant demanded back her articles of dowry entrusted to her husband Rai Singh at the time of marriage, the accused refused to return any article of dowry. The allegation that an amount of Rs. 36,000/- deposited by her father in her name, was withdrawn by her husband, also relates to Rai Singh (petitioner No 1). Besides, no details concerning individual acts of cruelty, or, harassment by Nirbhai Singh and Chetan Singh, petitioner Nos. 2 and 3, towards the respondent, have been made in the complaint (Annexure P 1). Thus, no offence punishable under Sections 406 or 498-A read with Section 34 of the Indian Penal Code, has been made out against petitioner Nos. 2 and 3. On this point I am supported by Single Bench authorities of this Court Balwinder Kumar and anr. v. Kashama Devi alias Shama Devi, 1988(1) Recent Criminal Reports, 67 and Jasbir Kaur and ors. v. Kamaljit Kaur, 1988(1) Recent Criminal Reports 532.