LACHHMI BAI AND OTHERS Vs. USHA RANI

JUDGEMENT

(1.) This petition is filed to quash the complaint dated 4.4.98 and subsequent summoning order passed by the JMIC Abohar. The respondent filed a private complaint against the petitioners and 3 others for the offences under Sections 406/498-A/109 Indian Penal Code. According to the complainant she married accused No.1 Satnam Rai about 6 years prior to the filing of the complaint and one son was also born to them. According to her at the time of marriage her parents gave sufficient dowry and gifts wroth Rs. 1.5 lacs. It was further alleged that the accused misappropriate the dowry articles which form part of the Istri Dhan of the property of the complainant. It is the further case of the complainant that all the accused being greedy persons ill-treated her both physically and mentally. On the basis of the averments in, the complaint the learned magistrate has taken cognizance of it and on the basis of the pre- process evidence summoned all the accused to face the charges under Sections 406/498- A/109 Indian Penal Code. Challenging this order issuing summons the petitioners who are the sisters of the husband of the complainant filed this petition. Learned counsel for the petitioners states that petitioner No.1 was married about 30 years back and petitioner No.2 was married about 20 years back prior to the marriage of the complainant with their brother and that they are living separately. From this no inference can be drawn that they have not ill-treated the complainant. This is a matter of evidence whether the complainant has been ill-treated and whether the dowry articles have been misappropriated. This Court at this stage cannot go into these questions without there being any evidence on record and quash the complaint. I do not therefore see any ground to quash either the summoning order or the complaint which is passed on the material placed before the learned magistrate. However, it is open to the petitioner to raise all the pleas that are available to them under law before the trial Court. It is also open to them to file an application before the magistrate to exempt their personal appearance before the Court. The Magistrate is also further directed to dispose of the matter as expeditiously as possible preferably within 6 months from the date of receipt of this order.