JAGJIT SINGH Vs. RAVINDER KOUR

JUDGEMENT

(1.) Petitioner Jagjit Singh and his wife namely Ravinder Kour who figure as accused in criminal complaint titled as Ravinder Kour v. Charanjit Singh and others File No. 29 pending decision before the learned Sub-Judge, Jammu have through the medium of this petition under Section 561-A Cr.P.C. sought indulgence of this Court for quashing the order of cognizance taken by the learned Magistrate for offence under Section 406, Cr.P.C. and for issuance of process against them.

(2.) It appears that the respondent came to institute complaint for offence under Sections 405, 406 and 409, RPC before the Court of learned Chief Judicial Magistrate, Jammu, who in turn came to transfer this case to the learned Sub-Judge, Judicial Magistrate Ist Class, Jammu.

(3.) It is inter alia maintained in this complaint that respondent/complainant and the accused came to be married on 12-11-1995 and their marriage was solemnized at Nanak Nagar, Jammu according to the Sikh rites and ceremonies. After the marriage, the respondent-accused- 1, took the complainant to her matrimonial house. That at, the time of marriage, the respondent/complainant received items of dowry from her parents and other relations as detailed in the list enclosed with the petition. The items of dowry are shown as Fridge, T.V., Almirah, Washing machine, Tape Recorder, Ceiling Fan, Kitchenwares, Furniture items, Bedding items and Wrist Watch etc. After marriage, the respondent/accused did not treat her well and demanded more dowry items from her and turned her out from his house, then on the intervention of Bradari in the year 1996, she was sent back to her matrimonial house but the attitude of the accused did not change. The accused repeated his old demand of more dowry and finally turned her out after retaining her items of dowry received by her in marriage. The learned Magistrate after examining the petitioner and the witnesses under Section 200, Cr.P.C. took cognizance of the offence under Section 406, RPC and issued process against the petitioner-accused 1.