Brothers of Husband Arraigned as Accused Without Substance — FIR Quashed a Qua them.
Court:Punjab-Haryana High Court
Bench: JUSTICE J.B. Garg
SATISH KUMAR GOGIA & OTHERS Vs. STATE OF HARYANA & ANOTHER Decided on 2 December 1993
Law Point:
Brothers of Husband Arraigned as Accused Without Substance — FIR Quashed a Qua them.
JUDGEMENT
Satish Kumar Gogia is the husband, Prem Dass Gogia the father-in-law, Jaswant Kaur the mother-in-law, Romesh Kumar Gogia and Kamal are the two brothers of the husband and these five petitioners have come to this Court and moved this petition under Section 482 of the Code of Criminal Procedure challenging FIR No. 29 dated 19-8-1992 for offences under Sections 406, 498-A and 120-B of the Indian Penal Code registered at Police-Station, Baldev Nagar, Ambala City.
2. Satish Kumar Gogia petitioner No. 1 was married to Mamta Rani complainant on 7-12-1990. The petitioner-husband is running a shop at Yamuna Nagar. It has been alleged that Mamta Rani, the wife did not cooperate with the husband and she used to go frequently to the house of her aunt who also lives in Yamunanagar, and ultimately on 8-7-1992, she accompanied her father Netar Parkash and the mother Sudesh Rani and others. It has also been alleged that there was an agreement inter se the parties and articles of dowry were returned and that the challan which is the outcome of a complaint which was made over to the police for investigation by the Judicial Magistrate, is liable to be quashed.
3. It is apparent that the marriage was solemnised on 7-12-1990 and serious differences arose within four weeks of the marriage. On 5-1-1991 the wife was allegedly subjected to mal-treatment and there were demands of valuable articles of dowry. The parents of the complainant arranged a sum of Rs. 5,000/- from their own relatives to satisfy some of the demands of the husband and his parents in December 1991. Though once a challan has been presented the interference of this Court is rare yet in the circumstances of the case it appears that Ramesh Kumar Gogia and Kamal Kumar the two brothers of the husband have been arraigned as accused without substance. Whether at all there was a return of any articles according to the alleged agreement Annexure P-2 shall be looked into during the course of trial because there is no presumption of truth attached to it and it has been challenged and controverted on behalf of the respondent wife Mamta Rani. The conclusion is that the petition partly succeeds and the FIR in question is quashed only qua Ramesh Kumar Gogia and Kamal Kumar and it stands disposed of. The parties shall appear in the Trial Court on such date as may fixed there.
Petition Partly allowed.