Soma Wati vs State of Union Territory

G.S. Chahal, J.

Case, First Information Report No. 148/87, under sections 406/498A/120B of the India Penal Code has been registered against Smt. Soma Wati and others, at Police Station Sector 39, Chandigarh. The proceedings on the basis of that FIR are pending.

The brief facts are that the complainant was married to Lalit Kumar, accused No. 2 on 29.5.1986 at Chandigarh. Both of them cohabited together at village Khizrabad till November 1986 Thereafter relations between the parties became strained and in August 1987. Smt. Bimla Devi filed a complaint to the Superintendent of Police, UT Chandigarh, making allegations of cruelty and criminal breach of trust, respecting her dowry articles ?.

The learned counsel for the petitioners has urged that the allegations in the FIR were false and a counterblast to notice sent, by Lalit Kumar through his counsel Sh. G.C. Verma, Advocate on 22.6.1987 and that previously, Smt Bimla Devi had written letter Annexure P2 wherein she had not made any complaint about any maltreatment and even her father had written a letter to Sat Pal and Lalit Kumar on 19.10.1986 where there was no complaint of any illtreatment. All the relations of Lalit Kumar have been dragged into criminal litigation.

So far as letters Annexures P2 and P3 are concerned, they cannot be said to be authentic documents and till proved, no conclusion can be arrived at. If letter Annexure P3 is considered to be authentic, it speaks of some estrangement between the husband and wife, as Ram Murti was writing to was writing to Sudarshan Kumar and Lalit Kumar, Lalit Kumar should not come to take Bimla Devi. They were, however, welcome to make a visit if so desired. There is no evidence that there had been some negotiations between the parties at some stage, whether the dowry articles had been returned to Smt Bimla Devi. Notice Annexure P4 also speaks of Lalit Kumar''s visit to the house of his inlaws to request Smt Bimla Devi to return. A child was also born in 1987. In this notice also, there is no reference to the parting of Smt Bimla Devi & her husband''s returning of dowry articles. In every Indian marriage, some presents in the form of dowry are given to the bride and she becomes entitled to its return. It cannot, thus, be said that the allegations of Smt Bimla Devi complainant to the Police for offence under Section 406 of the Indian Penal Code are without basis and would amount to abuse of process of law.

So far as the offence under section 498A of the Indian Penal Code is concerned, if any offence was committed, it was at village Khizrabad which is not a part of Chandigarh Union Territory and the Police, at Chandigarh has thus no jurisdiction to entertain a complaint for that offence, nor can it investigate the same. The FIR for an offence under Section 498A of the IPC is hereby quashed on that basis.

Parvesh, Sudesh and Anjna are the sisters of Lalit Kumar while Rajesh Kumar is his minor brother. Subhash Chand is said to be the husband of one of the sisters of Lalit Kumar. Considering this fact, a direction is issued that the learned Magistrate before whom the trial starts, will exempt their personal appearance during trial except for the dates when their personal appearance may be required for recording their statements.

The criminal miscellaneous is disposed of with the above said observations.

Misc. disposed.