LAWS(DLH)-2012-4-540

JOGESH SEHGAL & ORS. Vs. STATE & ANR.

Decided On April 24, 2012
Jogesh Sehgal And Ors. Appellant
V/S
State And Anr. Respondents

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. assailing the order of the ld. ASJ dated 29.02.2008 in the Criminal Revision Petition No. 82/2007, whereby the order of MM framing charges under Sections 498A/406 IPC was upheld. The facts of the case in brief are that the marriage of petitioner No. 1 was solemnized with respondent No. 2 Preeti Sehgal on 06.12.1996. A complaint was lodged by respondent No. 2 on 07.02.2000 with CAW Cell alleging demand of dowry, harassment, torture, mental and physical torture against the petitioners. Consequently the case was registered by the police and after completion of investigation and conclusion of arguments on charge, the MM passed order for framing of charges against the petitioners under Section 498A/406 IPC.

(2.) THE impugned orders are assailed by the learned counsel for the petitioners on the ground that the complaint filed by respondent No. 2 is baseless and is only for the purpose of harassing the petitioners. It has been further submitted that the petitioners No. 2 to 5 (the parents, brother and sister -in -law of petitioner No. 1) are not liable to be prosecuted at all as they did not reside with petitioner No. 1 and the complainant after their marriage and are being falsely dragged into the case by the complainant. It has been further averred that the complaint has been lodged after 4 years of the marriage and is liable to be quashed. It has also been submitted that the trial Court of Delhi has no jurisdiction to try the case as the alleged acts have been committed at Sonepat and not Delhi.

(3.) I have heard the rival submissions and perused the impugned orders.