GIRISH CHANDER RAINA Vs. SUSHMA SHARMA

JUDGEMENT

(1.) -THIS is a petition filed by the petitioner under Section 561-A cr. P. C for quashing order dated 25. 5. 2006 passed by the learned Sub Judge, Jammu.

(2.) THE facts in brief are that a complaint under Section 406 RPC was filed on 1. 6. 2002 by the respondent before the Court of Chief judicial Magistrate, Jammu, who transferred the same to the Court of learned Sub judge, Jammu for disposal under law. The allegations levelled in the complaint are that the parents of the complainant respondent had given sufficient dowry at the time of marriage and also at various occasions even after the marriage. The petitioner-accused and his family members always harassed the respondent-complainant on account of insufficient dowry and when demand of dowry was not fully met, the complainant was turned out of matrimonial home by the petitioner-accused and the property given in dowry by the parents of the complainant was retained by the petitioner-accused. It is further averred in the complaint that the accused person in making use of the dowry articles of the complainant is tantamount to misappropriation.

(3.) THE matter was considered by the trial court for the purposes of framing charges against the petitioner-accused. It was contended before the learned trial Court that no offence under Section 406 RPC is made out against the petitioner-accused while scanning through the contents of the complaint. The learned trial Court rejected the plea of the petitioner and framed the charges against him.