Bakhshish Singh vs Anita Kumari wife of Bakhshish Singh

K.P.S. Sandhu, J.—This is a petition under section 482 of the Code of Criminal Procedure filed by Bakhshish Singh, Hazara Singh and Surjit Kaur, praying there in that the order of the Sub Divisional Magistrate, Ludhiana, dated 27th September, 1983 (Annexure P1) by which he accorded sanction for the prosecution of the petitioners and the complaint dated 20th December 1983 (Annexure P 4) under Sections 4 and 6 of the Dowry Prohibition Act, be quashed.

The petitioners are being prosecuted on the complaint filed by Anita Kumari respondent under Sections 4 and 6 of the Dowry Prohibition Act. The ground on which the order of the Magistrate is sought to be quashed is that the prosecution under section 4 is barred by limitation in view of section 7(2) of the Dowry Prohibition Act. Mr. Ajmer Singh, learned counsel for the petitioners, has fairly conceded that the prosecution of the petitioners under section 4 of the Dowry Prohibition Act is concerned, it is clearly barred by limitation. Admittedly, the alleged offence under section 4 of the Dowry Prohibition Act was committed between 1st December, 1981 to 25th December, 1981. The complaint was filed on 21st December, 1983. Mr. Sibal, learned counsel for respondent No. 1 had fairly conceded that even if the time for grant of action by the SubDivisional Magistrate is excluded, then even the complaint under section 4 is barred by limitation.

Consequently, I quash the orders Annexures P1 and P4 to the extent of the prosecution of the petitioners under section 4 of Dowry Prohibition Act. However, the prosecution under section 6 can continue. Parties through their learned counsel have been directed to put in appearance before the trial Magistrate on February 11, 1985.

JUDGMENT accordingly.