S.C. Mital, J. - (1.) Facts giving rise to this petition under section 482 of the Code of Criminal Procedure, are that Gulbir Singh married Manjit Kaur in May, 1974 It was alleged by Manjit Kaur in the complaint Annexure P. 6 under section 406/34, Indian Penal Code, against Gulbir Singh and his parents that the articles of dowry given to her at the time of marriage details whereof are Riven in the complaint, and thereafter which were entrusted to Gulbir Singh and his parents, have not been returned to her and they are guilty of criminal breach of trust. This complaint was filed on 12th July, 1977, but it was of 14th Aug., 1978 that on the basis of the averments made in the complaint and the preliminary evidence led by Manjit Kaur, the Judicial Magistrate Ist Class, Amritsar, ordered the summoning of the three accused persons. Peeling aggrieved they have preferred this petition for quashing the said proceedings on the ground that they amount to abuse of the process of Court.
(2.) Along with the present petition, the accused-persons have annexed photostat copies of the original documents referred to hereinafter. As the rupture between Gulbir Singh and his wife Manjit Kaur was complete they entered into agreement Annexure P.1 on 4th March, 1978 that they would move the Court for getting divorce. Besides, the following two clauses of the agreement have been emphasised by the learned counsel for the accused: 1. That both the parties will withdraw their cases upto 20-3-1978. 2. That the goods partaining to both the parties would be returned to each other. Furthermore a penal clause was also inserted in the agreement Annexure P.1 that on the failure of either of the parties to comply with the terms of the agreement would render it liable to pay Rs. 2,000.00 as fine to the other party.
(3.) Learned counsel for the accused-persons next placed reliance on the divorce deed Annexure P.2 dated 20th March, 1978, to which both Gulbir Singh and Manjit Kaur were parties. Apart from the circumstances narrated her--in relating to the divorce, they stated therein that both the parties had exchanged the articles like jewels, cash and Istri Dhan which were lying with each other.;