- (1.) The present misc. petition has been preferred by the petitioners seeking quashing of F.I.R. No. 11/2011 registered against them at P.S. Goluwala, District Hanumangarh for the offence under Section 406 IPC and all proceedings pursuant thereto.
(2.) The facts relevant for the disposal of the present petition are that the petitioner No. 1 Surendra Kumar was married to Maya, daughter of the respondent No. 2, six years prior to the lodging of the FIR. During child birth, Maya unfortunately died and the child so born is admittedly with the petitioner. The complainant lodged impugned FIR which was registered on 15.1.2011 i.e. 15 months after the death of Maya with the allegation that the dowry articles which had been given in the marriage were his property and the petitioners despite a request being made, did not return the same. Thus, the impugned FIR was filed for the offence under Section 406 IPC.
(3.) Assailing the impugned FIR, counsel for the petitioners submits that as per the Hindu Succession Act in the event of death of wife, the husband and child are the legal heirs of the wife for the purpose of succeeding to her property. Thus, he submits that ex-facie the allegations of the prosecution does not disclose the offence under Section 406 IPC. He further submits that the father of the deceased cannot lay any claim to the stridhan of the deceased who met with a natural death.;