SHYAM SUNDER & ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr. P. C. filed by the accused petitioner against the order taking cognizance against them for offence under Sec. 4 of the Dowry Act, 1961 by learned Munsif and Judicial Magistrate, Deeg on 18th June, 1987.

(2.) The chequerred history and the facts leading to this case are that complainant non-petitioner Budh Prakash Goyal filed a criminal complaint on 27th June. 1984 before the Munsif and Judicial Magistrate, Deeg against six persons which includes the five petitioners and one Sohan Lal. since dead. The allegations made in the complaint are that complainant non-petitioner was in search of a son-in-law for his daughter Prabha and having learnt that accused-petitioner Ashok Kumar Agrawal son of deceased Sohan Lal is an eligible bachelor approached Shri Sohan Lal with an offer. The proposal was accepted after the parties found out the antecedents of the relations and the boy and girl were interviewed by the members of the families of the boy and girl. On 30th Jan., 1983. the preliminary ceremony known as betrothal was done. None-petitioner gave some sweets and fruits to the boy along with a sum of Rs. 100.00 and a gold coin with coconut and Rs. 21/- Per head were given to other relations. It is mentioned in the complaint that it was made clear that marriage will be performed according to Sanatan Dharm Hindu rites and no dowry shall be given to the bridegroom and his family. The date of marriage was also fixed as 16th March, 1983 and earlier to that on 10th March, 1983 the Lagan was to be sent. Non-petitioner got the booking of the Dharmshala and made all other arrangements for the marriage. Complainant received a letter from Shri Sohan Lal Agrawal and others for coming to Mathura and, therefore, be went to Mathura on 20th Feb., 1983 along with Shri Daya Ram Gupta and Mahaveer Prasad Jain. There it is alleged that accused No. 1 to 6 consulted the ladies and thereafter, Sohan Lal handed over a list in his own handwriting for demand of dowry wherein a long list of articles including a Refrigerator, sofa set. Dinner set, gold ornaments inter alia others with Rs. 31,000.00 in cash were demanded as dowry. Accused Nos. 1 to 6 were requested repeatedly by complainant non-petitioner that they should not insist on giving dowry as it is not possible for him but they did not accept his request and he came back from Mathura. Thereafter in the last week of Feb., the accused No. 1 to 6 wrote the invitation for marriage known as Pili Chithi, the envelop of which was possibly addressed by Shri Om Prakash. Accused persons, it is alleged, came to Deeg again on 6th March, 1983 and repeated their demand and in-case of non-fulfilment threatened for breaking the engagement. Complainant, it is alleged, called various important persons of the town including several Advocates and requested the accused-persons to keep up his reputation but they refused to do so and the prospective merital ties were broken. The accused are alleged to have told that they are being offered lakhs of rupees as the boy is earning about Rs. 2,000.00 p.m. It is further alleged that the accused persons also did not return the money and the gold ring etc. which was given in betrothan and hence the complainant was filed On receipt of this complaint, the learned Magistrate held an inquiry under Sec. 200 and 202 Crimial P.C. and vide order dated 21st March, 1984 took cognizance of the offence under Sec. 4 of the Dowry Act against accused Sohan Lal and Ashok Kumar and issued process against them. Complainant aggrieved by this order preferred a revision petition before Additional Sessions Judge Deeg and the accused Sohan Lal and Ashok Kumar also aggrieved by this older filed a petition under Sec. 482 Cr P.C. before this Court. The petition under Sec. 482 Cr. P.C was registered as S.B. Criminal Misc. Petition No. 10/1984 which was admitted after show cause notice to the complainant on 4.1.1985. This petition came up for hearing before my brother Judge Honourable G.K. Sharma J. and was allowed on 28th March, 1985. It is pertinent to mention here that revision petition was filed only by Ashok Kumar Agrawal since Sohan Lal Agrawal had already expired and the proceedings against him automatically abated. It is also pertinent to mention here that after taking the cognizance the accused had moved an application before the learned Magistrate on 16.6.84 wherein he had challenged the territorial jurisdiction of the Court which application was refused by learned Magistrate on 1.6.84. This order too was set aside by Honourable Sharma J. by the same order. Thus, the complaint filed by the complainant stood dismissed on 28.3.85. After this order when the file went back to the trial Court, the trial Court consigned the complaint to record but as the revision petition filed by the complainant non-petitioner Budh Prakash before Additional Sessions Judge, Deeg was pending, the record was remitted to his court. The learned Additional Sessions Judge, Deeg despite the fact that judgment of Honourable Sharma J. was before him, yet directed a further inquiry into the matter against the other accused persons by accepting the revision petition against the order which stood set aside by the order of this Court. Thus, the record went back to the Court of learned Magistrate who recorded the statement of several other witnesses under Sec. 202 Crimial P.C. and therefore took, cognizance of the offence under Sec. 4 of the Dowry Act against all the five accused persons include Ashok Kumar against whom the order of cognizance has, on merits, been quashed by this Court. Aggrieved by this order the petitioner filed this petition under Sec. 482 Crimial P.C. wherein the notice was given to the complainant-non-petitioner, Budh Prakash.

(3.) It would not be out of place to mention here that the petition under Sec. 482 Crimial P.C. filed by Ashok Kumar came up for hearing before Honourable Sharma J. at that time also Budh Prakash was represented by his counsel Shri N.C. Mittal.