SMT. RASHMI KUMAR versus MARESH KUMAR BHADA

SMT. RASHMI KUMAR versus MARESH KUMAR BHADA

Complaint on criminal breach of trust regarding stridhana property was not barred by limitation since the appellant made a demand on 5-12-1987 and filed the complaint on 10-9-1990, within three years. Stridhana property is exclusively the wife's, and refusal by the husband to return it prima facie amounts to criminal breach of trust. High Court erred in quashing the proceedings at the threshold.

Parties
Appellant: Smt. Rashmi Kumar; Respondent: Maresh Kumar Bhada
Jurisdiction
India
Judgment Date
18 December 1996
Procedural Posture
Criminal Appeal / Appeal Against Quashing of Complaint by High Court
Outcome
Appeal allowed; judgment of High Court quashing the complaint set aside.
Legal Topics
Stridhana, Criminal Breach of Trust, Limitation in Criminal Prosecution, Entrustment, Restitution of Conjugal Rights, Quashing of Criminal Proceedings
Criminal Law Family Law Hindu Law Stridhana Criminal Breach of Trust Limitation in Criminal Prosecution Entrustment Restitution of Conjugal Rights +1 more

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Parties

Smt. Rashmi Kumar

Appellant

Maresh Kumar Bhada

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Quashing of Complaint by High Court

Legal Issues

  1. 1 Whether the complaint under Section 406 IPC regarding stridhana property was time-barred
  2. 2 Whether a prima facie case of entrustment and criminal breach of trust was made out
  3. 3 Whether stridhana property is the exclusive property of the wife

Ratio Decidendi

Complaint on criminal breach of trust regarding stridhana property was not barred by limitation since the appellant made a demand on 5-12-1987 and filed the complaint on 10-9-1990, within three years. Stridhana property is exclusively the wife's, and refusal by the husband to return it prima facie amounts to criminal breach of trust. High Court erred in quashing the proceedings at the threshold.

Court Disposition

Appeal allowed; judgment of High Court quashing the complaint set aside.

Orders

  • Trial Court to proceed from the stage at which the complaint was pending at the time of quashing and continue as per law.