PRADEEP SHARMA Vs. SEEMA SHARMA AND ANOTHER

JUDGEMENT

(1.) This revision petition has been preferred under Section 482 of Cr.P.C. against the order passed by JMFC, Gwalior in Cri. Case No.6402/2012, whereby cognizance has been taken against the petitioner for the offence punishable under Section 406, 420 of IPC.

(2.) The brief facts of the petition are that respondent No.1, who is wife of the petitioner, has filed a private complaint in the Court that her marriage was solemnized on 2.12.2009. At the time of marriage her parents gave cash of Rs.2,50,000/-, one motor cycle, one golden Nath, Mangalsutra, two silver payals, two golden bangles and one Beda. These articles are her Stridhan. After marriage all the jewelery has been taken in possession by the accused persons. The petitioner and in-laws of the complainant committed cruelty in connection with the demand of dowry and ultimately on 17.12.2010 petitioner has left the respondent and her parental home keeping her Stridhan. Respondent No.2 complainant demanded her Stridhan at that time but the same has not been returned. On the inquiry learned trial Court has taken the cognizance against the petitioner. Being aggrieved the petitioner has preferred this petition.

(3.) Learned counsel for the petitioner has submitted that respondent No.1/complainant under Section 498-A of IPC and cognizance against the petitioner was taken against which the petitioner has filed petition under Section 482 of IPC in this Court has stayed the proceedings. Thereafter, respondent No.1 complainant has filed false private complainant, which is liable to be set aside. The petitioner himself has lodged complaint the S.P. and Police Station, Padav alleging that respondent No.1 complainant gave threat to implicate the petitioner in false case. Respondent No.1 complainant is not agreed to reside with the petitioner. Petitioner has also preferred petition under Section 9 of Hindu marriage Act before the Family Court, Gwalior and in the reply submitted the respondent No.1 complainant it is stated that she wants divorce. It is submitted that respondent No.1 complainant has filed this private complaint just to harras the petitioner and prayed that cognizance taken by the learned Court below be set aside.