LATEEF @ JARJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the material available on record.

(2.) The revisionists, who have been summoned by the trial court to face trial for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 I.P.C. vide summoning order dated 14.11.2002 passed by the Judicial Magistrate, Court No. 9, Jhansi in Complaint Case No. 2433/IX of 2002, Smt. Nasreen Vs. Lateef @ Tarjan and others, Police Station Mahila, District Jhansi on finding a prima facie case against them, challenged the summoning order in this Court by way of filing this criminal revision.

(3.) The relevant facts for deciding this revision are that Smt. Nasreen, who is opposite party no. 2 herein, filed a complaint in the trial court alleging therein that she was married to Lateef @ Tarjan on 6.6.1992 according to Mohammadan Law. Her parents gave sufficient dowry in the marriage but the accused persons who are revisionists herein, namely, Lateef @ Tarjan (husband), Majeed (Jeth), Smt. Chando (mother-in-law), Smt Irshadi (Nanad), Imam (father-in-law), Smt. Jareena (Nanad) and Malthu, were not satisfied with the dowry given in the marriage and they demanded Rs.10,000/- and one scooter. The victim Smt. Nasreen was sent to her parental house for bringing these items. Some Panchayat was convened and on the assurance of the accused persons-revisionists, the victim Smt. Nasreen was sent to her Sasural, where she gave birth to two female children and out of them, one female child died. Again dowry demand was repeated and she was tortured and when the said dowry demand was not fulfilled, she was again expelled from matrimonial home with her newly born female child. It was on 8.7.1997, during repeating dowry demand, she was beaten and she sustained injuries. She filed a private complaint in the Court of IInd Additional Chief Judicial Magistrate, Jhansi under Sections 498A, 323, 504, 506 I.P.C. On the complaint filed by the opposite party no. 2, all the accused persons were summoned and on the assurance of the accused persons that they would keep her happily without torturing her and without dowry demand, she entered into some compromise and it was on the basis of compromise in the court, the accused persons were acquitted vide judgment and order dated 14.7.1999 passed by the IInd Additional Chief Judicial Magistrate, Jhansi in Complaint Case No. 940 of 1997-Smt. Nasreen Vs. Lateef @ Tarjan, Police Station Premnagar, Jhansi. In that case, the victim lady in her evidence under Section 246 Cr.P.C. deposed that on 8.7.1997 her husband did not demand scooter and Rs.10,000/- in dowry and she was not beaten as she is living with her husband happily. Thus, first judgment dated 14.7.1999 was passed on the testimony of the victim lady in which she denied the allegation of cruelty and dowry demand under the assumption that she was happily living with her husband and she did not want to disturb her peaceful life believing that her husband would keep her happily.