G.S. BAROCA Vs. KANWALJIT SINGH

JUDGEMENT

(1.) THE petitioner filed complaint under Section 5 of the Dowry Restraint Act, 1960 (hereinafter referred to as the Act) averring therein that his grand-daughter Ranjit Kaur was married to accused No. 4 Kanwal Singh on 25.11.1984. Accused Harbhajan Singh and Smt. Mohinder Kaur are the parents-in-law of the grand-daughter while accused Satinder Singh and Smt. Pinky are her brother and sister-in-law. After narrating how the marriage was solemnised it is stated in the complaint that soon after the marriage all the accused persons started harassing and teasing the bride Ranjeet Kaur and pressurising her to bring more dowry of at least Rs. 5000/- for the purchase of furniture articles. Then his grand-daughter wrote a letter to him that neither he nor his son could fulfill the demands of the accused. That on 22.2.1985 the husband of Ranjeet Kaur along with his mother and father brought his grand-daughter to Jammu to his house and told him in clear words that Ranjeet Kaur would be taken back to the matrimonial house only when their demand was fulfilled. That both he and his son made efforts for amicable settlement but to no avail. That accused 1, 2 and 5 thereafter left his house leaving his grand-daughter with him.

(2.) THE learned Chief Judicial Magistrate, on the basis of the documentary and oral evidence of the complainant and Ranjeet Kaur vide order dated 31.8.1985 took cognizance of the case under Section 5 of the Act but issued process against Kanwaljit Singh only who appeared on 3.10.1985 when the complainant requested the court to summon the other accused also as prima facie case against each of the accused stood established. The court, however, vide order dated 3.10.1985 found that Kanwaljit Singh being the husband of Ranjit Kaur, alone could be summoned for an offence under Section 5 of the Act and not the others "even as abetters" because abetment for taking dowry is no offence under the Act.

(3.) A perusal of the complaint and the preliminary statements recorded by the Chief Judicial Magistrate in support thereof, prima facie show that allegations have been made against all the five accused persons of their 'demanding' dowry themselves. Section 3 of the Dowry Restraint Act, 1960, reads as follows :-