JITENDRA SINGH Vs. NANDNI

JUDGEMENT

(1.) Petitioners vide instant petition invoked extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) assailing the order dated 6.9.2019 passed by Second Additional Sessions Judge, Gohad District Bhind, whereby revision petition filed by the petitioners against the order dated 13.3.2019 passed by Judicial Magistrate Fiurst Class, Gohad District Bhind in Criminal Case No. 206/2019 (Smt. Nandni vs. Jitendra and others) taking cognizance against the petitioners for the offence punishable under Section 498-A of IPC, has been dismissed.

(2.) The facts giving rise to this petition are that the complainant/respondent No.1's marriage was solemnized with petitioner No.1/Jitendra on 7.3.2015. The petitioners No.2, 3 and 4 are father, mother and younger brother of petitioner No.1. The complainant/respondent No.1 filed a private complaint on 12.7.2017 before the JMFC Gohad, against the petitioners with the allegation that her father gave sufficient dowry at the time of her marriage but she is continuously being harassed by the petitioners for demand of dowry. It is further alleged that father-in-law of the complainant (petitioner No.2) on 12.4.2015 had tried to commit rape upon the complainant and in this regard FIR was lodged in Police Station Etmad. It is further alleged that the petitioner No.1 has performed second marriage with Ruby Chouhan on 13.7.2016, against which FIR at Crime No. 156/2016 was also registered by Police Station Kashganj (UP). After the incident dated 12.4.2015 the complainant is residing in her parental house situated in village Gahisar, Police Station Mow, Pargana Gohad, District Bhind.

(3.) After filing of the complaint, the JMFC recorded the statements of the respondent and her witnesses under Section 200 and 202 of CrPC and on the basis of complaint and statements of the witnesses took cognizance against the petitioners for the offence punishable under Section 498-A of IPC. In order to seek quashing of criminal proceedings, the instant petition has been filed.