- (1.) BARKAT Ali Zaidi, J. Wife filed a complaint (No. 1088 of 1999) against the husband and ten other relatives for non-return of Stridhan property under Section 406 Indian Penal Code and the Magistrate (A. C. J. M.) Agra issued process. Two of the eleven accused, named above, being the brother and the wife of husband's brother have come under Section 482 Cr. . P. C. to quash the proceedings.
(2.) THE complainant-Opp. Party No. 2 has mentioned the Stridhan given in para No. 6 of the complaint, and the list annexed which are as follows : (i) Cash amount of Rs. 35,000/- (ii) One Bajaj Chetak Scooter, (iii) One Big Almirah, (iv) Polar Ceiling Fan. (v) Two HARS of Gold and (vi) One Ring of Gold (vii) Etc. It was mentioned in the complaint that she was turned out of the house by his Kinsmen while the husband had gone out of the country and they retained the Stridhan item for themselves. A notice was also given for return of Stridhan property by the wife (Opp. Party No. 2) to the accused but the Stridhan property was not returned and thereafter, she filed this complaint. The two petitioners, who have come to this Court, who are husband's brother and his wife, are residing at Bombay since 1980 i. e. since before the marriage of the complainant wife and the petitioner No. 1 (Sri Ashok Baxi) is an employee in Taj Hotel, Bombay. A certificate of Taj Hotel, Bombay has been filed to this effect.
(3.) THERE is no allegation that the petitioners took any Stridhan to Bombay for their own use, and, there is no likelihood of their having appropriated any Stridhan property of the wife. This is an illustrative of the reckless and ruthless manner for which the accused have been arrayed in this complaint. The other aspect is that the complaint seems to be barred, prima facie by Limitation. Marriage of the complainant-Opp. Party took place at Udaipur. She alleges that she was turned out of the house by the accused on 13-4-1996. The Limitation for filing the complaint under Section 406 Indian Penal Code is 3 years from the date of entrustment as provided in Section 468 (2) (c) Cr. P. C. The complaint, therefore, be deemed to have been filed beyond Limitation and becomes un-maintainable on this ground.;