JANKI DEVI AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is Criminal Misc. Petition No. 35315- M of 1998 whereby Smt. Janki Devi and her husband Sohan Lal are claiming anticipatory bail in case FIR No. 448 dated 7.11.1998 under Sections 313/406/498-A, 506, 120-B, I.P.C. of Police Station Civil Lines, Hisar. The prosecution case in brief is that Smt. Suman was married to Sh. Anil Dhayal on 18.11.1995 at Hissar. Anil Dhayal was an officer in the Indian Army. He laid down his life while fighting with extremists in Kashmir on 2.6.1998. Anil Dhayal was son of Smt. Janki Devi and Sh. Sohan Lal. He was brother of Vikram Dhayal who is also captain in the Indian Army. As per Smt. Suman, a few days after marriage Vikram Dhayal, Janki Devi and Sohan Lal began taunting her saying that she had not brought adequate dowry, although her parents had spent Rs. 7-1/2 lacs on her marriage. They had given cash, ornaments, car etc. in dowry. Still they were not satisfied with the dowry brought by her in marriage. As per Smt. Suman, when her husband was away, she was given beating by Sohan Lal and Janki Devi and as a result of kick blows given by them, her pRegulation ncy stood terminated. On these allegations, she instituted complaint under Sections 313/406/498-A, 506, 120- 13, IPC against Vikram Dhayal and his parents. Magistrate sent that complaint under Section 156(3) Cr. P.C. to the police for the registration of the case and its investigation. This is how this case was registered. Learned counsel for the petitioners submitted that every article of dowry has been returned to Smt. Suman. It was further submitted that this complaint is the outburst of civil suit instituted by Janki Devi and Sohan Lal in the Civil Court on the basis of will/nomination made by Anil Dhayal in their favour. Learned A.A.G. for the State of Haryana on the other hand submitted that cash and dowry worth more than Rs. 2.00 lacs is still to be recovered. Learned counsel for the petitioners submitted that when the petitioners have lost their son, who was in extreme youth, how can they think of retaining dowry and thriving on it. It was submitted that it will be adding insult to injury if they are charged with the retaining of dowry after the sacrifice of their son Anil Dhayal while fighting with terrorists.

(2.) Smt. Suman has given list of articles of dowry, which are still said to be with the petitioners and which is worth Rs. 2, 14, 136/-.

(3.) Articles of dowry, if any, can be recovered even if anticipatory bail is allowed to Janki Devi and Sohan Lal. Genuineness of list Annexure 'A' furnished by Smt. Suman is still to be seen. At this stage we cannot say whether list Annexure 'A' is or is not genuine.