Deepak Verma JUDGMENT
V.S. Sirpurkar, J.
1. This appeal is against the judgment of the Delhi High Court whereby the petition for quashing the criminal proceedings against the appellants pending before the trial court has been dismissed.
2. The factual scenario is that the appellant Neelu Chopra and Krishan Sarup Chopra are husband and wife and the respondent Bharti is their daughter-in-law. Bharti was married in the year 1984 to one Rajesh, the son of present appellants. However, as per the version of the respondent the married life was not smooth on account of unreasonable demand of dowry and the misbehaviour on the part of husband Rajesh and his parents, the appellants herein. Ultimately, on 24.12.1993 a complaint came to be filed before the Judicial Magistrate 1st Class, Gidderbaha. The complaint was accepted in the sense that the learned Judicial Magistrate by his order dated 25.1.1994 took the cognizance of the offences under Sections 406, 498A read with 114 IPC. This order of cognizance was challenged by the accused persons, Rajesh is reported to have expired on 6.1.2006. The High Court, however, did not agree to quash the complaint and took a view that the complaint did show the material sufficient to proceed against the appellants. The High court, however, expressed that it would be open to the Magistrate to exempt the personal presence of the appellants.
3. Mr. M.N. Krishnamani, learned senior counsel appearing for the appellants painstakingly took us though the original complaint as also the allied facts relevant for the determination of the present controversy. It was pointed out by the learned senior counsel that the marriage had taken place way back in the year 1984 while the complaint was filed on 24.12.1993 i.e. after about nine years of the marriage, It was further pointed out that two daughters were born to the complainant and presently the complainant along with his daughter is residing in the same house but on the different floor. Learned senior counsel points out that those daughters are now 22 and 19 years of age. He further points out that presently the age of the first appellant is 76 years while her husband is of 80 years. Learned senior counsel, however, besides these facts, laid great stress on the fact that the complaint is absolutely vague and silent as regards the allegation against the present appellants.
4. We have seen the complaint very carefully. From a bare reading of the complaint it is apparent that the problem started barely after six months of the marriage. In paragraph 3 of the complaint, it is stated that all the accused came to complainant' s parents house at Gidderbaha and asked her parents to give the complainant more gold and other articles as dowry otherwise they would leave the complainant there and Rajesh would be married second time. In paragraph 4, the complaint is against Rajesh in the sense that the accused Rajesh asked the complainant to hand over the ornaments and clothes to his parents lest they are lost in the way. On reaching to Delhi when the ornament were asked back by the complainant, they were not returned back. When we see the complaint as a whole it is basically against the accused Rajesh. All the allegations are against Rajesh. There is undoubtedly some