NARINDER KAUR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition, under Section 482, Cr. PC is preferred against an order of the Learned Addl. Dist. Judge (hereafter "the trial court") dated 09.05.2005 whereby the Petitioner was directed to pay Rs. 50,000/- (Rupees fifty thousand only) to the Respondent No.2 (hereafter referred to as the daughter in law).

(2.) The brief facts necessary to decide this present petition are that the Respondent No.2 filed a criminal complaint against her mother in law (the Petitioner in the present case), the father in law and her husband under Section 498-A/406 IPC. She alleged in the complaint that she was harassed and tortured for dowry and was allegedly thrown out of her matrimonial house.

(3.) It is alleged by the Petitioner that since the inception of marriage the complainant had demanded a separate residence. The couple moved into a separate rented accommodation at Naraina in the year 2003. At the time of leaving the matrimonial house, the complainant/ Respondent No.2 took all her articles and jewelery with her. The remaining articles such as furniture, utensils, etc. were all shifted to Naraina Vihar. It is alleged that the Respondent No.2 moved out of her matrimonial home and is now living with her parents. Two sons were born out of the wedlock. The Petitioner submitted that the Stridhan is with her son i.e. the husband of Respondent No.2 and the Learned ASJ directed the applicant/Petitioner to return all the dowry articles. The Petitioner submitted that the Respondent No.2 picked up a quarrel with them and did not take the articles in spite of their being offered to her.