Case: Bhaskar Lal Sharma &amp; Another Vs. Monica

marriage, wedding gifts, gifts subsequent to marriage etc. Para 470 deals with "Gifts to a maiden". Para 471 deals with "Wedding gifts" and it is stated therein that properties gifted at the time of marriage to the bride, whether by relations or strangers, either Adhiyagni or Adhyavahanika, are the brides stridhana. In para 481 at page 426, it is stated that ornaments presented to the bride by her husband or father constitute her Stridhana property. In para 487 dealing with "powers during coverture" it is stated that saudayika meaning the gift of affectionate kindred, includes both Yautaka or gifts received at the time of marriage as well as its negative Ayautaka. In respect of such property, whether given by gift or will she is the absolute owner and can deal with it in any way she likes. She may spend, sell or give it away at her own pleasure. 10. It is thus clear that the properties gifted to her before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. It is her absolute property with all rights to dispose at her own pleasure. He has no control over her stridhana property. Husband may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife. Therefore, stridhana property does not become a joint property of the wife and the husband and the husband has no title or independent dominion over the property as owner thereof." It was furthermore held: "...The expression "entrustment" carries with it the implication that the person handing over any property or on whose behalf that property is handed over to another, continues to be its owner. Entrustment is not necessarily a term of law. It may have different implications in different contexts. In its most general significance, all its imports is handing over the possession for some purpose which may not imply the conferment of any proprietary right therein. The ownership or beneficial interest in the property in respect of which criminal breach of trust is alleged to have been committed, must be in some person other than the accused and the latter must hold it on account of some person or in some way for his benefit...." The offence of criminal breach of trust as defined in Section 405 of the IPC may be held to have been committed when a person who had been entrusted in any manner with the property or has otherwise dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or willfully suffers any other person so to do.The essential ingredients for establishing an offence of criminal breach of trust as defined in Section 405 and punishable under Section 406 IPC with sentence for a period up to three years or with fine or with both, are:(i) entrusting any person with property or with any dominion over property;(ii) the person entrusted dishonestly misappropriating or converting to his own use that property; or dishonestly using or disposing of that property or wilfully suffering any other person so to do in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract made touching the discharge of such trust.We have noticed hereto before that the correspondences exchanged between the spouses or by and between Vikas and his in-laws do not disclose any allegation which would amount to criminal misconduct on the part of the appellants.With the aforementioned backdrop of events, we may now notice the allegations made in the complaint petition filed by the respondent against the appellants.The only allegation which brings the case within the purview of Section 406 is that appellant No.2 had taken all the gifts/cash given by the invitees/guests. Technically, this allegation would attract the definition of breach of trust within the meaning of Section 405 of the IPC. Entrustment of some properties and/or dominion over them, if any, therefore, is attributed only against the appellant No.2. Other allegations made against the appellants are general in nature. Entrustment is said to have been made to the appellants and/or their son.No definite case of entrustment of any property has been made against the appellant No.1. He is only said to have given back to the complainants parent the entire cloth and jewelry. No demand was made by the respondent. Offering of Rs.25 lakhs for grant of divorce by mutual consent as compensation to the complainant, which is three times of the amount of the value of `Streedhana and/or amount spent by the complainants father per se does not constitute any offence of Section 406 of the Code. Any gift made to the bridegroom or his parents - whether in accordance with any custom or otherwise also would not constitute any offence under Section 406 of the Code. In State of Punjab vs. Pritam Chand & Ors. [2009 (2) SCALE 457 ], it has been held: "4. Section 406 IPC deals with punishment for criminal breach of trust. In a case under Section 406 the prosecution is required to prove that the accused was entrusted with property or he had dominion over the property and that the accused misappropriated or converted the property to his own use or used or disposed of the property or willfully suffered any person to dispose of the property dishonestly or in violation of any direction of law prescribing the mode in which the entrusted property should be dealt with or any legal contract express or implied which he had entered into relating to carrying out of the trust." {See also Harmanpreet Singh Ahluwalia & Ors. vs. State of Punjab & Ors.[2009 (7) SCALE 85 ]

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]We may place on record that at the instance of Monica several attempts have been made for reconciliation of matrimonial dispute between her and Vikas.We may also place on record that applications dated 9.5.2008 and 31.5.2008 respectively were also filed before this Court by the respondent for mediation Chandan Sharma, another son of the appellants came from Hong Kong to India for that purpose. Monica, however, insisted that appellant No.1 himself should come to India before her husband Vikas comes, which was not acceptable to the appellants as the reconciliation of the disputes was to take place between Monica and her husband Vikas.We may notice that even this Court in the transfer petition filed by Monica being Transfer Petition (Crl.) No. 258 of 2007 by its order dated 4.2.2008 impleaded Union of India through Ministry of External Affairs as a party and learned Additional Solicitor General appearing for Union of India made a statement before this Court on 11.4.2008 that Emergency Travel Documents would be made available to Vikas and upon his arrival a regular passport would be issued. Interpol/Ministry of External Affairs were directed not to enforce the Red Corner Notice against Vikas Sharma. Pursuant thereto Vikas traveled tocomplainant further did not stop there but also filed a complaint petition that she was cheated as Vikas and his parents did not disclose about his marital state of affairs in regard to the first marriage and/or the decree of divorce obtained by him. We do not intend to make any comment with regard to the correctness or otherwise of the statements made therein as the matter is not before us.We have, however, made note of the litigations filed between the parties in great detail. These litigations, if a holistic view is taken, depict a sad state of affairs, namely, that the respondent, on the one hand, intends to take all coercive measures to secure the presence of her husband and the appellants in India in various cases filed by her and, on the other hand, she had repeatedly been making attempts of conciliation. Endeavour/conciliations were made by the Delhi High Court as also this Court at various stages. The High Court, as indicated hereinbefore, in its order dated 6.10.2005 passed in Criminal Revision No. 452 of 2005 categorically held that the marriage has irretrievably broken down. Be that as it may, we are of the opinion that keeping in view the ingredients of the provisions of Sections 498A of the IPC, no case has been made out against the appellantsoffence of criminal breach of trust as defined in Section 405 of the IPC may be held to have been committed when a person who had been entrusted in any manner with the property or has otherwise dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or willfully suffers any other person so to do.The essential ingredients for establishing an offence of criminal breach of trust as defined in Section 405 and punishable under Section 406 IPC with sentence for a period up to three years or with fine or with both, are:(i) entrusting any person with property or with any dominion over property;(ii) the person entrusted dishonestly misappropriating or converting to his own use that property; or dishonestly using or disposing of that property or wilfully suffering any other person so to do in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract made touching the discharge of such trust.We have noticed hereto before that the correspondences exchanged between the spouses or by and between Vikas and hisdo not disclose any allegation which would amount to criminal misconduct on the part of the appellants.With the aforementioned backdrop of events, we may now notice the allegations made in the complaint petition filed by the respondent against the appellants.The only allegation which brings the case within the purview of Section 406 is that appellant No.2 had taken all the gifts/cash given by the invitees/guests. Technically, this allegation would attract the definition of breach of trust within the meaning of Section 405 of the IPC. Entrustment of some properties and/or dominion over them, if any, therefore, is attributed only against the appellant No.2. Other allegations made against the appellants are general in nature. Entrustment is said to have been made to the appellants and/or their son.No definite case of entrustment of any property has been made against the appellant No.1. He is only said to have given back to the complainants parent the entire cloth and jewelry. No demand was made by the respondent. Offering of Rs.25 lakhs for grant of divorce by mutual consent as compensation to the complainant, which is three times of the amount of the value of `Streedhana and/or amount spent by the complainants father per se does not constitute any offence of Section 406 of the Code. Any gift made to the bridegroom or his parentswhether in accordance with any custom or otherwise also would not constitute any offence under Section 406 of the Code.