Jaswant Singh vs Harjit Kaur

G. S. Chahal, J.

In this Criminal Miscellaneous under section 482 of the Code of Criminal Procedure, seeking the quashing of the Criminal complaint Annexure P1 and the summoning order Annexure P2, the petitioners are Jaswant Singh, his father Jagtar Singh, and his mother Kulwant Kaur.

The complaint Annexure P1 was filed by Harjit Kaur wife of Jaswant Singh petitioner. The allegations made therein are that Harjit Kaur was married to Jaswant Singh petitioner on 7.4.1985. At the time of marriage, all the accusedpersons attended and actually participated in the Marriage. Her parents gave sufficient dowry as consideration of the marriage. Rs. 30,000/ were also spent at the time of Thaka, Shagun and Barat reception. While giving the dowry articles, her parents had told the accused that the dowry articles were being given to the complainant for her use, benefit and welfare and that the same be given to her on demand. At that time, members of Gram Panchayat, consisting of Manjaswinder Singh Sarpanch, Balbir Singh, Jagtar Singh and Gurbachan Singh etc. were present. The accusedpersons had taken possession of the dowry articles and were entrusted with the dominion over them. About 8/10 days after the marriage, the accused started illtreating her and made more demand for dowry articles including a scooter and Rs. 50,000/ in Cash. She, however, could not fulfil this demand and she was subjected to all types of mental and physical cruelty. She was turned out of the house. She gave birth to a baby child on 23.9.86 at her parents'' house. After the birth of the child, she returned to her inlaws'' house on the intervention and persuasion made by her relations, but the conduct of Jaswant Singh Aid not change and they continued with their demand. In view of these differences, a meeting of respectables was held on 24.8.1988, but the accused refused to keep and maintain her, but agreed to return the dowry articles within a month thereof These dowry articles had, however, not been returned. Jaswant Singh had filed a divorce petition against her and was pending in the Court of the learned District Judge. She, again, visited the house of the accused and made a further demand. but the dowry articles were not returned.

The allegations of entrustment made against the persons other than the husband, are vague. It is not specified what was given to which of the accusedpersons. An attempt has been made to implicate close relatives of her husband. The petitioner had lived at her inlaws for more than two years. It is not credible that she had not at any stage got back the dowry articles which were entrusted to any of her parentsinlaw. Since Jaswant Singh, petitioner had started divorce proceedings, the complainant, had, in all probability, tried to wreak vengeance against the relations of her husband.

In view of the foregoing discussion, I allow the Criminal miscellaneous partly and quashed the complaint and the summoning order qua Jagtar Singh and Smt. Kulwant Kaur, petitioners. The complaint shall proceed against Jaswant Singh, petitioner, only who is directed to appear in the trial Court on 25.2.1991.

More allowed.