When prosecution for misappropriation of streedhan can be quashed?
Para 4 of the complaint Annexure P. 1 reads "That immediately after the marriage the intention of all the accused became very clear when they started maltreating Inderpal Kaur and forced her to bring more dowry as the accused were not satisfied with the dowry which Inderpal Kaur received from her parents and entrusted the same to her husband and other accused. The property came 'Istri Dhan' and the accused with deceitful means have sold some of (he articles and the remaining converted to their own use. There is thus no specific allegation of entrustment of any particular article of dowry to any of the thee persons (Husband and both parents-in-law) arrayed as accused in the complaint. This Court has consistently held in Smt. Manna v. State of Haryana, 1987 (1) Recent Criminal Reports 219 and Shori Lal and others v. Smt. Nisha and another, 1989 (1) Recent Criminal Reports 276 that no case under Section 405 or Section 406,Indian Penal Code, is made out against the petitioner where the allegations regarding entrustment of articles are vague. Relevant observations read, "The matter does not rest here as the trial of the complaint leveals that no specific allegations regarding entrustment of the articles or maltreatment has been levelled against them. Simply because they were found wearing some ornaments of the complainant, it cannot be said that they have committed any offence underSections 405 and 406, Indian Penal Code, due to lack of prima facie proof of entrusting the property of them. Similarly, there is no specific allegation of entrustment of the articles forming Istri Dhan of the complainant to or against the parents of the husband. In this view of the matter complaint Annexure P. 1 needs to be quashed.
Punjab-Haryana High Court
Gurvel Singh vs Rajinder Singh on 21 November, 1989
Equivalent citations: I (1990) DMC 139
Bench: S Bajaj
https://www.lawweb.in/2015/12/when-prosecution-for-misappropriation.html
