PRAYAGRAJ, April 1 -- The Allahabad high court has observed that a woman is the absolute owner of her 'streedhan' property and a legally wedded wife can't face a criminal trial for alleged breach of trust under Section 406 of the IPC for allegedly taking it away. The court observed that properties given to a woman at the time of her marriage constitute her 'streedhan' and do not become the joint property of the husband and wife. Justice Chawan Prakash allowed the petition filed by Anamika Tiwari and four others and quashed the summoning order and criminal case against them. The court said that a wife has all rights to dispose of this property at her own pleasure. It added that while a husband may use it during times of distress, he has a moral obligation to restore the property or its value, and neither he nor other in-laws have any control over the 'streedhan'. It was the case of the applicant-wife that she got married in April 2012 where her family had provided sufficient dowry. However, she later lodged an FIR against her husband and his family members over alleged demands for dowry. A charge sheet in this matter was submitted in December 2018. Later, her husband filed a complaint alleging that his wife and the other applicants entered his house in September 2018 and took away Rs 6,400 cash, ornaments worth approximately Rs 1,50,000 and certain household articles. Based on this complaint and statements from witnesses, the magistrate summoned the wife and her family members to face trial. Challenging the same, she filed the present petition. The court examined Sections 405 and 406 of the IPC to note that if any property is entrusted to someone and that person dishonestly misappropriates or converts the same to his own use, then an offence of criminal breach of trust is made out. The court, however, noted that since the wife is the absolute owner of her 'streedhan', no offence under Section 406 IPC would be made out against the applicant for allegedly taking away her ornaments....