Vijay Narain vs State of Punjab

G.S. Chahal, J.

This order shall dispose of two Criminal Miscellaneous Petition Nos. Cr. M. No. 1270M of 1990 and 5351M of 1990.

First Information Report No. 158 dated 30.9.1988 under Sections 406/498A of the Indian Penal Code had been registered at Police Station Kotwali, Patiala against the petitioners on the basis of a complaint filed by Smt. Shakuntla Sharma respondent No. 2 in the Court of Additional Chief Judicial Magistrate, Patiala which was forwarded to the Police for investigation. In order to resolve the controversy, it would be appropriate to understand the relation between the parties.

Smt. Shakuntla Sharma is the wife of the Gian Parkash. Hari Parkash and Usha Sharma are the brother and sister respectively of Gian Parkash. Vijay Narain is the husband of Smt. Usha Sharma, Smt. Chander Kanta is his mother and Jai Bhagwan is his father. Rati Ram is the uncle of Gian Parkash (It is stated at the bar that Jai Bhagwan has since died). Smt. Sajni petitioner is stated to be living with Gian Parkash as a wife.

In the complaint, it had been averred that Smt. Shakuntla was married to Gian Parkash on 12.6.1979, Gian Parkash''s relations were not satisfied with the dowry articles given in marriage. The dowry articles and wari articles were in the use of the complainant, but the same were retained by the accused persons when she was turned out of the house on 8.4.1986. From time to time, the complainant had been beaten by the accused persons and they had been making persistent demands.

A reading of paragraph 5 of the complaint shows that after marriage the complainant had. herself been using the dowry articles which were given to her at the time of marriage, as gifts, wari and dowry. In this situation, the trust created by the parents of the complainant had been duly discharged and the articles handed over to the complainant. There could be no question of any breach of trust.

The allegations of giving beatings, so far as persons other than Gian Parkash are concerned, are almost vague. Moreover, there is no medical evidence to support it. Since Gian Parkash is alleged to be keeping Smt. Sajni as his second wife, relations between him and the complainant appear to have become strained and for that the complainant may have been maltreated, by him.

In the light of the above discussion, I am of the view that summoning of persons, other than Gian Parkash, is only an abuse of process of law. hereby accept the criminal miscellaneous and quash the impugned FIR and the consequent proceedings against all the accused persons, except Gian Parkash.

JUDGMENT accoringly.