Surinderpal Singh and ors vs Gurinderjit Kaur

J.B. Garg, J.

Surinderpal Singh the husband and his parents Mohinder Singh and Jaswant Kaur have moved the present petition under Section 482 of the Code of Criminal Procedure challenging the summoning order of Sub Divisional Judicial Magistrate, Jagraon dated 2891990 for offences under Sections 406 and 498A/34 of the Indian Penal Code.

The allegations made by Gurinderjit Kaur, the wife, in the complaint are that she was married to Surinderpal Singh on 19111989 in the premises of the Central School No. 1 Staff Colony, Halwara, Tehsil Jagraon. She has alleged that the valuables enumerated in para No. 3(a) of the complaint, were entrusted to Jaswant Kaur motherinlaw, those enumerated in clause (b) to Surinderpal Singh the husband and those enumerated in clause (c) to Mohinder Singh, the fatherinlaw on 19111989 and that on 2031990 she was turned out of the house in three clothes; that besides allegations of coercion there were other demands of more valuables such as a Maruti car.

The plea that the parties last resided at Moga and for this reason it could not be said that the articles of dowry were delivered at Jagraon where in fact the marriage took place is not acceptable. The complaint in question dated 871990 is a detailed one and the trial Court, it appears, has relied upon not only the complainant but on the evidence of other three witnesses as well named in the impugned order and interference of this Court is not called for. It may be observed that during the course of arguments, it was pointed out by the petitioners that Surinderpal Singh the husband has died in the meantime This oral plea was not admitted by the learned counsel for the respondentwife, in this Court. No certificate of death has been brought on record here. The conclusion is that the present petition is dismissed. The parties shall appear in the trial Court at Jagraon on 2681991.