M.M.PUNCHHI, S.S.SANDHAWALIA, I.S.TIWANA
Vinod Kumar Sethi – Appellant
Versus
State Of Punjab – Respondent
S.S.SANDHAWALIA, J.
1. Do the bonds of matrimony inhibit a prosecution for breach of trust betwixt the spouses inter se, and in particular with regard to the wife s dowry, is the spinal issue which has necessitated the reference of these twelve cases for an authoritative decision by the Full Bench. Allied thereto is the equally (if not more) significant question - whether the High Court has the power in its inherent jurisdiction to quash the police investigative process before it reaches a Court of law for trial.
2. The matrix of facts may be noticed from Criminal Misc. No.4022 of 1981 Vinod Kumar Sethi V/s. State of Punjab and others. The petitioners therein are the husband, the mother-in-law and the father-in-law of respondent No.2 Smt. Veena Rani. The marriage of Smt. Veena Rani respondent to Vinod Kumar Sethi petitioner took place at Bhatinda on the 28th of January, 1979, according to Hindu Vedic rites. It is plain that the marriage did not subsist and on the 18th of April, 1980. Veena Rani respondent addressed an application to the Senior Superintendent of Police, Bhatinda. Therein she alleged that at the time of her marriage she had received substantial presents of or
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