DAVINDER SINGH Vs. SANTOSH KAUL

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been filed by Shri Davinder Singh and Kuldip Kaur for quashing the complaint (Annexure P.1) and the summoning order (Annexure P.2) dated 3.12.1994 passed by Additional Chief Judicial Magistrate, Jalandhar.

(2.) The brief facts for the appreciation of the present petition are that respondent Santokh Kaur was married with Joginder Singh on 18.3.1992, according to Sikh religious rites. After marriage the spouses cohabited as husband and wife upto 26.3.1992 and there is no issue out of this wedlock. The husband, in laws and other relations mentioned in the complaint (Annexure P.1) were not happy with the dowry given by the parents of the complainant and they turned her out from the matrimonial home on 22.3.1992, just after four days of the marriage. The parents of the complainant held a Panchayat on 23.3.1992. They paid some amount in cash to Joginder Singh and requested him to keep the complainant in the matrimonial home. However, on 26.3.1992 after giving merciless beatings the husband, in laws and other relations mentioned in the complaint turned her out of the matrimonial home. Thereafter parents of the complainant tried to hold panchayats on different dates but Joginder Singh husband of the complainant was not available at all. Per force Santokh Kaur filed a complaint under section 406/34 of the Indian Penal Code against her husband, father-in-law, mother-in-law, brother-in-law and wife of the brother-in-law. After recording preliminary evidence in support of the complaint, Additional Chief Judicial Magistrate, Jalandhar summoned all the five accused to stand trial for the offences under section 406/34 of the Indian Penal Code.

(3.) It appears that ultimately all the disputes between the complainant and the accused persons mentioned in the complaint were mutually resolved. Smt. Santokh Kaur filed a petition under section 13 of the Hindu marriage Act for dissolution of her marriage by way of decree of Divorce. In those proceedings Joginder Singh remained exparte and ex - parte decree of divorce dissolving the marriage of Santokh Kaur with Joginder Singh was passed on 1.9.1994. On 5.2.1995 a written compromise was effected between the parties and all the disputes were settled including the question of return of dowry articles.