PARVINDER KAUR Vs. KANWAL JIT KAUR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India read with Section 482, Criminal Procedure Code, is directed against the order dated 25th July, 1994 of the learned Additional Sessions Judge, Delhi, dismissing petitioner's revision petition against the order of the learned Metropolitan Magistrate, dated 22nd October, 1992, declining to frame charge against respondents No. 1 & 2 under Sections 498-A and 406, Indian Penal Code on the ground that the same was not only barred by limitation, it did not suffer from any infirmity as well. The petitioner complainant is the wife and respondents No. 1 & 2 are the two sisters-in-law (Nanads) of the complainant. The State has been arrayed as respondent No. 3.

(2.) . While the said two respondents were discharged, charge under the aforenoted sections was framed against the husband and father-in-law of the petitioner.

(3.) . The complainant was married to Tanvir Singh, s/o Ishar Singh on 20th March, 1991. It was a second marriage for both. The new marital life. was apparently not successful either because of demand of dowry from respondent's side, as alleged by the complainant or because of incompatibility and some other reasons, as alleged by the respondents. Be that as it may, due to some incidents, allegedly taking place on 30th May, 1991, and 18th July, 1991, the complainant left the matrimonial home on 18th July, 1991. On 19th August, 1991, she lodged a complaint with crime. Against Women Cell on the basis whereof an FIR was registered against respondents No. 1 & 2, Tanvir Singh and his father Ishar Singh on 31st December, 1991, under Sections 498A and 406, IPC. On completion of the investigations, challan was filed against all of them. As noted above, on consideration of the material before the learned Metropolitan Magistrate, charges were framed against Tanvir Singh and Ishar Singh but respondents No. 1 & 2 were discharged for want of sufficient evidence against them. Hence the present petition by the complainant. The State has accepted the said order.