- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court allowing the Revision Petition filed under Section 401 of the Code of Criminal Procedure, 1973 (in short the 'Code') which was filed before it by Kurra Ram since deceased and represented by his daughter i.e. respondent No.2 in the present appeal.
(3.) Background facts in a nutshell are as follows: A complaint was filed by the aforesaid Kurra Ram alleging commission of offences punishable under Sections 498-A, 406, 323, 506, 148 and 149 of the Indian Penal Code, 1860 (in short the 'IPC') by Jaswant-son in law and husband of his daughter-Saroj, Ran Singh and Raj Bala, the present appellants who were father and mother of Jaswant and two others namely, Jai Singh and Suman, the brother and married sister of Jaswant. It was stated in the complaint that Saroj got married to Jaswant on 14.4.1994 and that she was harassed for dowry by the aforesaid accused persons. Learned Additional Chief Judicial Magistrate, Hissar, after recording preliminary evidence of the complainant, decided to proceed against all the accused persons for the alleged offences. Separate Revision Petitions were filed by Jai Singh, Ran Singh and Suman taking the stand that there is no offence made out so far as they are concerned. Learned Additional Sessions Judge found that no case was made out against aforesaid accused persons and directed that proceedings would continue only against Jaswant. The order dated 4.11.2003 disposing of the revisions in the aforesaid manner was challenged by Kurra Ram in the Revision Petition before the High Court. It was held by High Court that there is no ground to proceed against Jai Singh and Suman who may just be living in the house, but may not be interfering in matrimonial problems of Saroj and Jaswant. Therefore, the order of the Additional Sessions Judge was upheld to that extent. But so far as the present appellants are concerned the High Court inter alia observed as follows: "However, when articles of dowry are handed over to elder members in the family that will mean that those were handed over to Ran Singh and Raj Bala i.e. father and mother of the husband who could misappropriate. It is they who can practice cruelty for less dowry or otherwise." (Underlined for emphasis) The High Court noted that police had earlier registered a case and had sent cancellation report and thereafter the complaint was filed by Kurra Ram who appeared as PW-1, as his son Rajesh appeared as PW-2 and Saroj as PW-3.;