Sabina, J. - (1.) Vide this order, the above mentioned two petitions, filed under Section 482 of the Code of Criminal Procedure, 1973, would be disposed of as criminal complaint No.73 of 7.3.2011 and summoning order dated 3.6.2011 are under challenge in both the petitions.
(2.) Respondent No.2 has filed the complaint under Sections 406, 498-A and 506 of the Indian Penal Code, 1860. The contents of the complaint read as under:- 1. That the complainant and the accused are residents of above said address. The complainant is living with her mother without any source of income. The complainant is a law abiding citizen of India. 2. That the accused no.1 is husband of the complainant and accused no.2 and 4 are brothers, accused no.3 is sister-in-law of the accused no.1, accused no.5 is brother -in-law and accused no.6 is sister of accused no.1. 3. That the complainant got married with accused no.1 on 4.9.1998 at Chandigarh on the demand of the accused according to Hindu Rites in the presence of kith and kin of the parties. On the marriage, the mother of the complainant had spent about Rs. 5-6 lacs. 4. That before the marriage the shagun ceremony was also performed by the mother of the complainant and a sum of Rs. 1 lac was spent by the mother of the complainant. On this ceremony, gold ring, wrist watch, was given to the accused no.1 and other things fruits, sweets, gifts, clothes and cash of Rs. 20,000/- was given the accused. 5. That the marriage was performed at Chandigarh as per the wishes of the accused and on the next day of marriage, all the accused persons came to Ropar for phera ceremony at that time mother of the complainant entrusted one set of gold to accused no.2, one gold ring and ear ring to accused no.3 and one pair of gold ear rings and one gold ring and silver ornaments to the accused no.4 and one pair of gold bangles and fridge to the accused no.5, one gold locket and one gold ear rings and TV set to the accused no.6 and one gold chain, gold ring and other valuable articles mentioned in the list of dowry are entrusted to the accused no.1 with the understanding that all the accused shall return the same to the complainant as and when she will demand the same from them. These articles were entrusted to the accused as instridhan of the complainant and all the accused assured that they will hand over all the articles to the complainant as and when she will demand the same and all these articles were entrusted to the accused in the presence of Balwant Rai Jaggi, Sant Singh Obroi. All the dowry is given on the demand of the accused persons and they had taken all these articles with them. 6. That after the marriage the complainant lived with the accused no.1 as wife at Ambala and cohabited with each other and out of this wedlock two male children namely Varun and Jatin were born on 4.6.1999 and 8.9.2001 respectively. 7. That after the marriage of the complainant with the accused no.1 the relations between them remained cordial only for two months, but after that the accused started maltreating the complainant and they always looked out for an opportunity how to harm and humiliate the complainant mentally and physically and was pressurising the complainant to bring more dowry articles and cash of Rs. 50,000/- from her parents as they wanted to put more articles in the shop. All the accused persons used to taunt the complainant that the marriage was not performed as their status. They were continuously demanding the complainant to bring more money from her parents, but when the complainant expressed her inability to execute their illegal demand, the accused in furtherance of common intention and in criminal conspiracy with each other beaten the complainant and she was forced to remain off from whole day's meal. 8. That the father of the complainant had expired when she was merely of 5-6 years old and the widowed mother of the complainant spent more than 5-6 lacs on the marriage of the complainant and given sufficient dowry but even then the accused were not satisfied with the same. 9. That the accused No.1 is a heavily drunkard person and is addicted to various bad vices and often indulges in bad company and also compelled the complainant to lead the same and he always compelled the complainant to lead matrimonial life to which the complainant never agreed and thus, she has to tolerate the wrath of the accused No.1 and all the accused persons also support him. The accused No.1 oftenly used to return to home during the very late hours in night in a tipsy condition on various occasions the complainant heard the accused No.1 uttering the name of some girls in sleep and when complainant asked him about the uttering accused No.1 replied that it is none of the business of the complainant and threatened her to keep her mouth shut and gave merciless beatings to the complainant. The complainant never lead even a single day peacefully after the marriage due to cruel and indifferent attitude of the accused persons. 10. That the complainant during her stay at her matrimonial home had always been ill-treated, abused, physically assaulted, slapped and they would not allow her to socialise with any body and she was being kept like a prisoner in the house, but the complainant has been tolerating their mis behaviour considering that better sense would prevail upon them, as she did not want to spoil her matrimonial life. She was not allowed to attend the telephone calls and was not allowed even to meet her parents. Even the eatables were kept under lock and key by the accused and she and children were kept without food on various occasions and life of the complainant was made worse than hell. The complainant was also insulted and abused in a filthy language by the accused. 11. That in the month of November 2006 the mother of the complainant went to meet her in order to settle the differences between the complainant and accused, so as to make their married life run smoothly, but the accused No.1 in the presence of other accused slapped the complainant in front of her mother when mother of the complainant tried to skip the accused No.1 he manhandled the mother of the complainant in the presence of other accused. 12. That day by day the behaviour of the accused was such which caused mental and physical torture to the complainant as a result of which she become weak physically as well as mentally and started remaining in a shocked state of mind. The complainant has become patient of depression due to the cruelty caused by the accused. 13. That the accused persons are staunch beliveres of tantrick vidya and were also pressurising the complainant to believe the same but when the complainant refused to do so, the complainant was beaten by the accused. 14. That the accused in connivance with each other forced the complainant to put some Taweet around her neck so that she will remain under their control and will become a puppet in their hands. Due to this the complainant started remaining upset and her health also started deteriorated day by day. Even till today the complainant has not come out of the shock from the maltreatment at the hands of the accused, the complainant tolerated all these cruelties met out to her in a hope that in future better sense may prevail upon the accused persons and would develop a kind attitude towards the complainant but all in vain. 15. That ultimately in the first week of January, 2007 the complainant along with her minor kids were turned out from their matrimonial house after giving severe beatings by the accused in bare three wearing clothes and all the dowry articles/ istridhan are still lying with the accused and even all the educational certificates of the complainant has been retained by the accused. Since January 2007 the complainant and her minor children are residing at her parental house at Ropar. 16. That even prior to the month of January 2007 the complainant was turned out from her matrimonial house on several occasions and the accused always remained adamant in their demands and attitude but every time the complainant along with her parents requested and persuaded the accused to let the complainant live honourably and peacefully at the matrimonial house. 17. That the accused never tried to patch up the matter and never convened any panchayat to the house of the complainant, on the other hand the complainant convened several panchayats to the house of the accused and one such panchayat was convened in the month of March 2007 approximately in which from the accused side, the accused No.1 Sudesh Malhotra, Ramesh Malhotra, Balram i.e. Jija of the accused and Madhu came present and from the side of the complainant, the complainant herself, Vijay Anand, Inder Sen son of Sunder Dass along with respectable attended the panchayat which was held at the house of the relative of the complainant at H.No.3248, Sector 27-D, Chandigarh. Even in this panchayat in spite of all the persuasions of the panchayat members the accused remained adamant and flatly refused to keep the complainant at her matrimonial house until and unless their demands are fulfilled. Even in the month of January 2009 the meeting was affixed by the complainant after consulting and at the instance of the accused at Ropar to patch up the matter between the parties, but none from the side of the accused had come after gaining time. 18. That whole of the dowry articles which were entrusted to the accused at the time of marriage of the complainant, have been misappropriated by all the accused in the connivance with each other. Now the complainant does not has any source of income and she is living at the mercy of her parents which constrained her to file the petition under Section 125 Cr.P.C. which is pending before the court of Mrs.Mandeep Kaur Bedi (JMIC), Ropar and in the said very petition a sum of Rs. 2,400/- has been granted as ad interim maintenance which the accused No.1 did not pay. 19. That the mother of the complainant had spent about 5-6 lacs on the marriage of the complainant with the accused No.1 and gave cash, gold furniture and other household articles which were entrusted to all the accused at the time of marriage and these articles were just an entrustment to them, were to be returned to the complainant which were never returned to the complainant and in order to misutilize the articles, all the accused have dishonestly misappropriated the same and have converted the same to their own use illegally and fraudulently without any of their right for which they are liable to be summoned, tried and punished. 20. That the accused have also treated the complainant with cruelty during her stay with them and had persistently kept on demanding dowry in the shape of cash and other articles for which they are liable to be summoned, tried and punished. 21. That the complainant also filed a divorce petition against the accused No.1 which has been decided by the learned Court of Sh.Surinder Mohan, Additional District Judge, Ropar. In that petition the accused No.1 did not appear after decision of the application under Section 24 of the Hindu Marriage Act and even not paid interim maintenance to the complainant and petition of the complainant has been decided ex parte, the complainant has filed the petition under Section 13 of the Hindu Marriage Act under tension. 22. That the dowry articles were entrusted to the accused at Ropar as such this learned court is competent to entertain and try this complaint. 23. That the requisite court fee is affixed on the complaint."
(3.) After hearing learned counsel for the parties, I am of the opinion that the present petitions deserve to be allowed.;