OM PRAKASH Vs. RADHA DEVI

JUDGEMENT

(1.) THROUGH the medium of this petition under Section 561 -A Cr. PC, the petitioner/accused has sought indulgence of this Court for quashment of proceedings of complaint in file No. 34 titled as Radha Devi v. Om Parkash pending decision before the learned Chief Judicial Magistrate, Kathua for offence under Section 406 RPC.

(2.) IT is inter alia maintained in the petition that Radha Devi, respondent who was wife of the petitioner filed complaint on 10.9.2001 against the petitioner in the court of learned Chief Judicial Magistrate, Kathua under Section 406/420 RPC alleging therein that the petitioner has misappropriated the dowry articles allegedly given to the petitioner and respondent at the time of their marriage; that the trial court did not take cognizance of the complaint up to 3.4.2002 and that on 3.4.2002, the court below took cognizance in the complaint for offence under Section 406 RPC against the petitioner; that in petition filed by the respondent/complainant before the learned District Judge, Kathua, she had prayed besides decree of divorce, decree in terms of Section 27 of the Hindu Marriage Act in respect of dowry articles, which the learned District Judge, Kathua came to ignore while passing decree for divorce between the parties; that when the District Court has already ignored the prayer of the complainant regarding the dowry articles taking of cognizance by the learned trial court for offence with respect to misappropriation of the dowry articles, is not warranted. The court below has wrongly taken the cognizance of the offence when there is specific averment in the complaint that the dowry articles were given to both jointly; that no offence under section 406 RPC is made out, therefore, issuance of process in the case liable to be quashed.

(3.) ON institution of the complaint, the learned Magistrate after examining the complainant and her witnesses under Section 200 Cr. PC came to take cognizance of the offence under Section 406 RPC and issued process against the respondent.