The husband is entitled to the estate of his wife after her death and retention of the dowry items by him does not amount to misappropriation.

Harbans Singh Rai, J.

1. Jagat Parshad respondent filed a complaint under Sections 498-A/406 IPC against Mangat Ram son of Sohan Lal, Sohan Lal father of Mangat Ram, Parkasho Devi wife of Sohan Lal and Smt. Veena C/o Chaman Lal. Jagat Parshad is resident of Jagadhri whereas Mangat Ram, Sohan Lal and Parkasho Devi are residents of village Bhadaur, tehsil Barnala, district Sangrur. The complaint filed by Jagat Parshad is that Mangat Ram was married to his daughter Sunita Rani who was maltreated after her marriage for bringing inadequate dowry, although he had given a lot of dowry in her marriage. He has mentioned in the complaint a list of the articles which were given by him in dowry to Sunita Rani. It is further mentioned in the complaint that Sunita Rani was murdered by the accused on 9.1.1984 but as they are influentials so no action could be taken against them. He has filed the complaint as the dowry articles left by Sunita Rani are in the custody of the accused. They have misappropriated the same and as they had maltreated the deceased, so both Sections 406 and 498-A are attracted. Shri Randhir Singh, trial Magistrate, Jagadhri summoned the accused vide his order dated 6.12.1985.

2. The petitioner has filed this petition in this Honble Court under Section 482 Cr.P.C. for quashing the complaint.

3. I have heard the learned counsel for the parties and have gone through the record with their help. Mr. Sarda learned counsel for the petitioner has argued that even if the facts as mentioned in the complaint are taken on their face value, no offence under Section 406 IPC will be made out. His contention is that father of the deceased girl cannot claim the estate of his married daughter after her death, and retention of the dowry items by the husband will not amount to commission of offence under Section 406 IPC. He has relied upon Ajit Singh and others v. The State of Punjab, 1983 Chandigarh Criminal Cases 116, wherein it has been held as follows : -

"It seems that the attention of the learned trial Magistrate was not drawn towards section 15 of the Hindu Succession Act which provides for general rules of succession in the case of female Hindus. The said section provides that the property of a female Hindu dying intestate shall devolve according to the rules set out in sec. 16, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. In the absence of the aforesaid category of heirs, the property would thus go to the heirs provided in clauses secondly to lastly of sub-section (1) of section 15 of the Hindu Succession Act. The non-obstante clauses in sub-section (2) of section 15 would, in the instant case, be not applicable, for the dowry gifts received by Satinder Kaur were not in the nature of property inherited by her from her father and, thus, the succession would confine only within sub-section (1) of section 15, according to the rules set out in section 16. Rule (1) thereof provides that, among the heirs specified in sub-section (1) of section 15, those in one entry, shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously. Now here, in the absence of the sons and daughters, or the children of any pre-deceased son or daughter of Satinder Kaur, her husband alone was entitled to her estate. This was not a case of searching for heirs of Class I in the Schedule as has been done by the learned trial Magistrate, for that Schedule too has to operate with the aid of section 8 of the Hindu Succession Act, which provides for general rules of succession in the case of males. The view taken by the learned Magistrate in this regard is obviously faulty and deserves to be set aside,"

I am in agreement with the view taken by M. M. Punchhi, J., In this situation, no offence under Section 406 IPC is made out against the petitioner.

4 Mr. Sarda has further argued that so far as offence under Section 498-A IPC is concern