GURDIAL SINGH AND OTHERS Vs. SWARANJIT KAUR

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr. P.C. by the parents-in-law of the respondent-complainant, Swaranjit Kaur seeking the quashing of the complaint, copy Annexure P-1, filed under Sections 405, 406 IPC, Police Station Sadar, Patiala, summoning order, copy Annexure P-3 and consequential proceedings pending before the Chief Judicial Magistrate, Patiala.

(2.) The respondent-complainant, Swaranjit Kaur was married with late Sardar Darshan Singh son of the petitioners Gurdial Singh and his wife Dharam Kaur on 25.12.1981. The Muklawa ceremony was, however, arranged on 25.6.1986 and thereafter the respondent- complainant, Swaranjit Kaur came to live with her husband Darshan Singh at the house of the petitioners. The marriage was duly consummated and the respondent-complainant and her husband Darshan Singh cohabited with each other and out of the wed-lock two daughters and one son were born namely, Rupinderjit Kaur alias Rajni, Simarnjit Kaur and Jatinder Singh. The respondent alleged in the complaint that at the time of the solemnisation of Muklawa ceremony, the petitioners and their sons and daughters-in-law were entrusted the articles including the golden and silver ornaments, precious clothes, furniture and utencils detailed in a list annexed as Annexure A with the complaint. The items of this list are claimed as lstridhan. The husband of the complainant-respondent Swaranjit Kaur, Sardar Darshan Singh expired on 12.5.1993. The Bhog ceremony was performed on 23.5.1993 and thereafter the respondent-complainant visited the house of her parents. The petitioner, Gurdial Singh, however took the respondent- complainant with him on 18/19.6.1993 on the pretext of going to Pehowa for the remaining ceremonies of late Darshan Singh. It was alleged that the respondent-complainant was sleeping in the Court-yard along with her children when co-accused, Kashmir Singh (accused No. 6 in the impugned complaint, Annexure P1), working as SPO in the Police Department came at about 11.00 P.M. and tried to outrage her modesty. The complainant raised hue and cry and Kashmir Singh immediately entered his room. The respondent brought this incident to the notice of the petitioners who, however, did not take any action against their son Kashmir Singh and on the other hand they started maltreating the respondent-complainant. The petitioner No. 2, Dharam Kaur, started taunting the respondent-complainant holding her responsible for the death of her son, Sardar Darshan Singh. It was alleged that respondent- complainant was not provided with food and was kept hungry for about 4-5 days. The father of the respondent-complainant came to visit her when she found an opportunity of apprising her pitiable condition to her father, who is a retired Patwari. The father of the respondent did not think it proper to report the matter to the police but he took her with him to his village and since then the respondent-complainant was residing at her father's house along with her three children. The father of the respondent visited the house of the petitioners and made a demand of the articles of the Istridhan which were, however, not returned. The petitioners refused to return the items of the Istridhan. A Panchayat was convened by the father of the respondent which consisted of Darshan Singh, Avtar Singh, Kulwant Singh, Balwant Singh and two or three other respectable persons of the village Ablowaland. They reached at village Karhali and contacted the accused persons and demanded from them the return of the dowry items/Istridhan but the same were refused to be returned. It was alleged that the petitioners and the other accused had converted the articles of Istridhan to their own use and thus misappropriated the same and committed an offence punishable under Sections 405, 406 IPC. This complaint was filed in the Court of the Chief Judicial Magistrate, Patiala on 9.10.1993. The learned Chief Judicial Magistrate summoned the accused persons including the petitioners, the parents-in-law for the offence punishable under Sections 405, 406 IPC.

(3.) The petitioners are seeking the quashing of the impugned complaint on the ground that the respondent-complainant was living peacefully and affectionately with the petitioners since the death of her husband and there was no quarrel whatsoever between them. The respondent was having full control over the possession of other items in the matrimonial house. It was further mentioned that whatever Istridhan was entrusted to the in-laws, its trust was discharged soon after the respondent joined the family by passing over the same to her. It was alleged that although the kitchen was common for the whole family, yet the personal acquisitions of each one of them were in their own possession and enjoyed by them as per their own volition. Unfortunately, it was alleged that some incident took place involving Kashmir Singh son of the petitioners and due to the said misunderstanding the respondent filed the complaint under Sections 405, 406 IPC which is being impugned in this petition. It was categorically denied that any item of Istridhan was in possession of the petitioners. The petitioners contended that during a period of more than 13 years of the happy married life with three issues, any dowry items could not remain with them. The petitioners actually did not hold any items of dowry/Istridhan of respondent. It was contended that a family settlement was arrived at on 28.2.1994 to which the respondent was a party. The petitioners alleged that the respondent had remarried with one Kashmir Singh of Village Nadaur, Tehsil Patti, District Amritsar and took her son and a daughter with her. One daughter was, however, left with the petitioners. The complaint seems to have been filed with a view to get the petitioners restrained from raising a finger against her action in getting remarried which is prejudicial to the interest of the son and the daughters born out of the wed-lock of Sardar Darshan Singh and the respondent. The petitioners cannot desert their grandchildren referred to above in the way their mother had done so.