ASHOK KUMAR BAIS Vs. STATE OF H P

JUDGEMENT

(1.) The accused/petitioners stand charge-sheeted by the learned Sessions Judge, for the offences punishable under Sections 3 and 4 of The Dowry Prohibition Act, 1961 in short "the Dowry Act" and also under Section 306 of the Indian Penal Code, vide order dated 16.6.2008, which has been assailed in the present criminal revision petition, on the following grounds:

(2.) I have heard the learned counsel for the parties and have gone through the record of the case to examine the legality and propriety of the impugned order.

(3.) Precisely the facts giving rise to the present petition can be stated thus. Col. Naresh Kumar Singh complainant is the father of Swati Singh a promising daughter (to be referred as deceased) who completed her MBA from N.I.M.C. Calcutta. Realizing that she has became of marriageable age, her parents started searching for a good match and were attracted by a matrimonial published in "Sunday Times" on 1st January, 2006, whereby petitioner No. 2 Capt. Anirudh Singh (29) was looking for the beautiful bride. Both the families had a Military service background. Feeling thrilled, the complainant contacted telephonically the father of the proposed bride-groom, named Col. Ashok Kumar Bais (petitioner No.1) and supplied the bio-data of his daughter along with her photograph as desired. The petitioner No.1 herein informed the complainant that he being in the Army did not believe in matching the horoscope. Shortly thereafter, both the families started coming closure by contacting each other tele-phonically and finally a meeting was arranged at Bhatinda where the complainant was posted. Capt. Anirudh met Swati and liked her at a first glance and so was the case with her. The other family members of the Capt. Anirudh also liked the girl. Thus Shagun an other gifts were exchanged and the petitioners left for their place with the assurance to fix a date for the 'ring ceremony'. In the meantime Capt. Anirudh was deputed to a military course and the date for 'ring ceremony' could not be fixed. Thereafter, Anirudh got his posting at Ganga Nagar (Rajasthan), where Swati and her parents went to meet him. Both i.e. the girl and boy exchanged their telephone numbers again and a formal Shagun was given to Capt. Anirudh.