SMT. SURESH KHULLAR Vs. SHRI VIJAY KHULLAR

JUDGEMENT

(1.) This is a criminal revision petition filed by the Petitioner against the order dated 13.2.2009 passed by Sh. Neeraj Kumar Gupta, learned ASJ, Dwarka Courts discharging the Petitioner for an offence under Sec. 376 IPC in respect of which the learned MM had committed the case to the learned ASJ.

(2.) Briefly stated the facts of the said case are that the Petitioner as early as 1992 or so had filed a complaint under Sec. 498A/406 IPC against her husband Vijay Khullar, his parents and other relatives who were numbering around seven in all. The entire family was dragged in the said case on account of the matrimonial differences/disputes arising between the Petitioner, Smt. Suresh and the Respondent, her husband Vijay Khullar.

(3.) The learned Magistrate after recording the preliminary evidence issued order of summoning for an offence under Sec. 498A/406 IPC only against Vijay Khullar and his mother, Bimla Rani. Bimla Rani, died during the pendency of the case and thus only one accused Vijay Khullar -Respondent herein was left to face the trial.