MADHURI MUKUND CHITNIS Vs. MUKUND MART AND CHITNIS

JUDGEMENT

(1.) This petition is directed against the judgment and order dated 29th May, 1986 passed by the learned Additional Sessions Judge, Pune, in Criminal Revision Application No. 204 of 1986 whereby he allowed the revision against the order dated 13th March, 1986 whereby the learned Judicial Magistrate, First Class, Court No. 4, Pune, dismissed the application filed by respondent No. 1 Mukund Martand Chitnis for discharge under Section 245(2) Criminal Procedure Code.

(2.) The facts leading to the present petition, shortly stated, are that the petitioner Smt. Madhuri Chitnis and respondent No. 1 Mukund Martand Chitnis were married on 15th July, 1983. Immediately thereafter their relationship got strained and the petitioner had to leave the house of her husband on 6th August, 1983 and since then she is not residing with her husband. On 31st October, 1983 respondent No. 1 filed complaint case No. 494 of 1983 against the petitioner and her near relations for the offence punishable under sections 420, 378 read with section 34 I.P.C. In that case respondent No. 1 alleged that the petitioner was married and had a child while the marriage was subsisting, she by suppressing those facts, got into marriage alliance with respondent No. 1 and thereby she committed the offence of cheating punishable under Section 420 I.P.C. He further alleged that while leaving the family she carried with her some ornaments and cash and thereby committed the offence punishable under section 378 I.P.C. (It should rather be section 380). On the same day i.e. 31st October, 1983 on the eve of Diwali festival he got a search warrant issued by the Magistrate under Section 93 Cri.P.C. and seized complainants Mangalsutra, wedding ring, earrings, gold bangles, one laff etc. from her person. The learned Judicial Magistrate issued process for the offence punishable under Section 420 I.P.C. and did not issue process for the offence punishable under Section 380 I.P.C. Respondent No. 1 filed Criminal Writ Petition No. 94 of 1984 under Article 227 of the Constitution of India read with sections 398 and 401 Cri.P.C. on 24th February, 1984 in this Court against the order passed by the learned Magistrate returning the ornaments to the petitioner and rejecting his application for return of those ornaments to him. In this Criminal Writ Petition No. 94 of 1984 respondent No. 1 repeated the same allegation regarding bigamy, child from first marriage, theft etc. made by him in the complaint before the Magistrate before this Court also. That writ petition was dismissed by this Court on 6th April, 1984. Thereafter respondent No. 1 filed Criminal Revision Application No. 160 of 1984 under Section 397 Cri.P.C. before the Sessions Court, Pune on 11th May, 1984. In this Revision Application No. 160 of 1984 he again repeated the charges of theft, bigamy etc. against the petitioner. That Criminal Revision Application was dismissed by the Sessions Court on 2nd April, 1985. Criminal Case No. 494 of 1983 was dismissed on 31st July, 1987 and the petitioner and other accused were discharged. The petitioner in her complaint alleged that during her stay from 15th July, 1983 to 5th August, 1983 at the house of respondent as his wife, respondent No. 1 demanded dowry in the sum of Rs. 10,000/- and neither she nor the members of her family could meet that demand. As she and her relations could not satisfy the demand of her husband for dowry, he started harassing her by instituting false criminal proceedings against her in order to coerce her to accept his unlawful demand. Ultimately she had to file an application for divorce and in his written statement filed in the marriage petition on 4th March, 1985 respondent No. 1 repeated the same defamatory allegations and also his demand for the return of Streedhan belonging to the petitioner. She had claimed divorce on the ground of cruelty. By order dated 7th October ,1985 her petition for divorce was allowed. The petitioner alleged in her complaint that her husband, respondent No. 1 harassed her by making false allegations and by instituting various criminal proceedings against her on false allegations during the whole period from 15-7-1983 till 17-10-1985 while the marriage was subsisting and thereby he committed an offence punishable under section 498-A I.P.C.

(3.) The learned Judicial Magistrate recorded verification of the petitioner on 15th October, 1985 and on 23rd October, 1985 he issued process against respondent No. 1 for the offence under section 498-A I.P.C. respondent No. 1 on 23rd January, 1986 applied for his discharge under section 245(2) Cri.P.C. The learned Judicial Magistrate after obtaining the say of the petitioner and after hearing both the parties rejected the respondent No. 1s application for discharge by his order dated the 15th March, 1986. Feeling aggrieved respondent No. 1 preferred Criminal Revision Application No. 204 of 1986 in the Court of the learned Sessions Judge, Pune. The learned Additional Sessions Judge by his order dated 29th May, 1986 allowed the revision and the order of the learned Magistrate was set aside and respondent No. 1 (accused) was discharged under section 245(2) Cri.P.C. Feeling aggrieved, the petitioner has field this petition in this Court for setting aside the order passed by the learned Additional Sessions Judge, Pune, in Criminal Revision Application No. 204 of 1986.