KULDEEP SINGH AND ORS. Vs. SMT. MANJEET KAUR

JUDGEMENT

(1.) THIS petition, under Section 482, Code of Criminal Procedure, has been preferred for quashing criminal complaint No. 63/2 of 1987, pending trial in the Court of Judicial Magistrate, First Class (3), Simla.

(2.) BRIEFLY , the case is that the complainant married accused Kuldeep Singh on 29 -4 -1979 at village Baddowal, District Ludhiana The grievance of the complainant is that various articles, detailed in Annexure A to the complaint, were given to the accused by the parents of the complainant towards dowry before, at and after the marriage, in addition to Rs. 6,000 for purchase of T.V. Set and Dining Table set. However, the accused continued persisting for more dowry and treated her with cruelty. Finally, it was on 26 -10 -1980 that she was forcibly ousted and turned out of the house without any reason. It has also been stated that the complainant has now married and despite demand to return the dowry articles, nothing has been done.

(3.) IN order to substantiate the allegations in the complaint, in addition to herself, the complainant produced other witnesses also. The trial Court, after coming to the conclusion that there are sufficient grounds for proceeding against the accused under Section 6 of the Act, issued process summoning the accused by order of 20 -8 -1987 and then by order of 28 -12 -1989, charge has been framed against the accused. Feeling aggrieved by these orders, the accused have preferred the present petition in this Court.