LAWS(SC)-2013-2-36

PANKAJ GARG Vs. MEENU GARG

Decided On February 12, 2013
Pankaj Garg Appellant
V/S
MEENU GARG Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur in S.B. Criminal Misc. Petition No. 1374 of 2010, dated 21.02.2012. By the impugned judgment and order, the High Court has reversed the findings and the conclusions reached by the learned Additional Civil Judge (J.D.) and Judicial Magistrate, in the order dated 19.02.2008, as well as by the learned Additional District and Sessions Judge, in the order dated 06.07.2010.

(3.) The facts in nutshell are: The appellant and the respondent no.1 are husband and wife. The respondent no.1 has lodged a complaint against the appellant-accused for the offences punishable under Sections 498-A and 406 of the Indian Penal Code, 1860 ("the IPC" for short). The learned Additional Civil Judge (J.D.) and Judicial Magistrate, after analyzing the evidence on record, has come to the conclusion that the complaint and the evidence adduced by the parties does not constitute the offences punishable under Sections 498-A and 406 of the IPC. Accordingly, it has dismissed the complaint by order dated 19.02.2008.