Kishore Kumar Gupta and Others vs State of Haryana and Another

S.S. Grewal, J.—This petition u/s 482 of the Code of Criminal Procedure relates to the quashment of FIR No. 491/86 under Sections 406/498/149 and 420 of the Indian Penal Code registered on the basis of complaint made by Smt. Sucheta Respondent No. 2 and sent for registration of the case u/s 156(3) of the Code of Criminal Procedure 1973 by the Chief Judicial Magistrate on 31st October. 1986, and. consequent proceedings taken there under.

In brief, facts relevant for the disposal of this petition as emerge from the impugned First Information Report, are, that the marriage of the complainant with Daya Nand Mittal resident of Modinagar district Gaziabad took place at Ambaia City on 23rd of June, 1985. Proposal of this marriage, was made by Ashok Kumar Gupta accused (cousin of the complainant''s father) and his wife Smt. Rani, both of whom are also related to Daya Nanrl Mittal accused. Both Ashok Kumar Gupta and his wife in the month of June, 1985 informed the complainant and her parents that Daya Nand Mittal was a bachelor, graduate and used to earn Rs. 5,000 per month from business, and, further assured them that Daya Nand Mittal owns a house at Gaziabad and being related to them they knew him and had verified his particulars and antecedents. According to the complainant, on the basis of the said assurance and representation made by Ashok Kumar Gupta and his wife Smt. Rani, complainant gave her consent for her marriage with Daya Nand Mittal accused. Betrothal ceremony was performed on 16th of June, 1985 and at that time a sum of Rs. 5,100 was given to Daya Nand Mittal and Rs. 500 each to the relations including the present Petitioners by the parents of the complainant. Besides a golden ring and a Safari suit were given to Daya Nand accused. They also gave Rs. 3,500 in cash for purchase of T.V. set on demand of Dava Nand Mittal. Ashok Kumar Gupta and Smt. Rani accused. On 20th June, 1985 on the demand made by Ashok Kumar Gupta and Smt. Rani accused, Rs. 6500 was paid to them for purchase of furniture, which was to be given to the complainant, on her marriage. It was further alleged that at the time of the marriage the parents of the complainant gave her a gold set consisting of neckless, ear rings, nose-ring, finger ring, weighting about 6 tolas and ten saries blouses, packed in a brief-case, which, was handed over and entrusted to the accused including the present Petitioners at Ambaia City before the departure of the Barat. After the marriage, the complainant was taken to the house by her husband, and, on the very next day the accused'' except Ashok Kumar Gupta and Smt. Rani started taunting and harassing the complainant that nothing has been brought by the complainant in dowry and the clothes and ornaments were not upto the expectation and wishes of the accused. The complainant was also treated with cruelty by the said accused who gave her beating, in order to pressurise her to bring more dowry articles from her parents. The complainant in order to pacify the accused, and, in order to fulfill their demands asked her husband to accompany her to Ambaia City and that she would get him a sum of Rs. 5,000 from her parents for payment to her husband. Both of them went to Ambaia City on 16th August, 1986 and parents of the complainant paid Rs. 3,000 to Daya Nand Mittal accused. Leaving the complainant at Ambala City on the plea that he would come after a fortnight to take her to Gaziabad, he never turned up to take her back.

The learned Counsel for the parties were heard.

It has rightly been submitted by me counsel for the Petitioners that no allegation in the first information report has been levelled against me present Petitioners which would constitute offence u/s 420 of the Indian Penal Code. No Spence allegations whatsoever nave been made mat any of me present Petitioners either did any tings in order to cheat me compliant or her parents, nor, made any dishonest inducement either to me complainant or to her parents, which, could persuade either the complainant or, her parents for solemnization of complainants marriage with Daya in and Mittal accused. According to the complaint dishonest inducement or ralse representation was made by Ashok Kumar accused and his wile Rani to the complainant and her parents that Daya Nand accused was a bachelor, graduate and was earning Rs. 5,000 form business and they further assured mat Daya Nand Mittal owns a house at Gaziabad and being related to them, they knew and had vended his particulars and antecedents. Mere general allegations that ail the accused committed the offence of cheating punishable u/s 420 read with Section 149 of the Indian renal Code for concealing the true facts and inducing the complainant to give her consent to marriage with Daya Nand Mittal accused of dishonest and false representation would not be sufficient to hold that prima facie any offence punishable u/s 420 read with Section 149 of the Indian Penal Code has been made out as far as the present Petitioners are concerned.

As far as the offence u/s 400 of the Indian Penal Code is concerned there are only vague and general allegations concerning the entrustment of ornaments and clothes packed in a brief-case jointly to the six accused except Daya Nand Mittal at the time of the departure of the Barat. It hardly seems probable that entrustment of one brief-case could be made jointly to the six accused, in the peculiar facts and circumstances of the present case the allegations concerning handing over of brief-case to the six accused to any mind would not be sufficient to prima fade hold that articles of dowry had actually been entrusted to the present Petitioners within the meaning of Section 406 of the Indian Penal Code, furthermore, there are no allegations against the present Petitioners that they had dishonestly misappropriated or converted to their own use either the ornaments or the clothes allegedly entrusted to six accused including the Petitioners. Thus prima facie it cannot be said at this stage that any offence u/s 406 of the Indian Penal Code has been made out against the present Petitioners.

It is true that as per allegations in para No. 13 of the impugned first information report, on the very next day of the marriage i.e. 25th June, 1985, the accused including the Petitioners are alleged to have taunted and harassed the complainant for not bringing dowry according to their expectation and wishes. The said accused are also alleged to have treated the complainant with cruelty and gave her beating in order to pressurise her to bring more dowry from her parents as per their demands. However, according to the complainant in order to pacify the accused, and, in order to fulfill their demands she asked her husband to a company her to Ambala City and there she got Rs. 3,000 from her parents and handed the same to her husband.

There are no specific allegations against the present Petitioners that they acted with cruelty towards the complainant. Only vague and general allegations referred to above would not in the circumstances of the present case be sufficient to make out any prima facie case u/s 498-A of the Indian Penal Code against the present Petitioners who according to the allegations in the impugned first information report, are, not even related to the husband of the complainant. Thus continuation of proceedings on the basis of the impugned first information report against the present Petitioners would amount to abuse of the process of the Court.

For the foregoing reasons, the impugned first information report and consequent proceedings as far as these relate to the present Petitioners, the same are hereby quashed. However, there would be no legal bar for the learned trial Court to proceed with the trial against the remaining accused according to law. This petition is allowed to the extent indicated above. However, it is clarified that nothing herein observed for the disposal of this petition shall in any manner be construed to affect the trial of the case, as far as the remaining accused are concerned. Copy of this order be sent to the trial Court for information.