RAJEEV Vs. VIMLESH YADAV

JUDGEMENT

(1.) HEARD .

(2.) BRIEFLY stated the facts are that marriage of the respondent No. 1/complainant was solemnized with petitioner No. 1 Rajeev on 18.5.2003. The cash of Rs. 2,26,000/ - alongwith golden chain weighing 20 gms. ring weighing 5 gms. colour TV, CD player, Cooler, Sofa Set, Almirah, double bed and utensils were given. After marriage petitioners started demanding cash of Rs. One lac. When the demand was not fulfilled the complainant was beaten. The report was lodged by the respondent No. 1/complainant. Upon which Crime No. 182/2005 under Section 498A of IPC has been registered. After due investigation charge sheet was filed the case was registered as Cri. Case No. 1136/2005 before the JMFC, Ashoknagar and charges were framed. Learned JMFC convicted the petitioners vide judgment dated 29.6.007. Against the conviction petitioners preferred Cri. Appeal No. 395/2007, which was allowed vide judgment dated 10.8.2007 and the petitioners were acquitted of the charge under Section 498A of IPC. The aforesaid judgment was challenged by respondent No. 1/complainant before this Court by preferring Cri. Revision No. 382/2008, which was dismissed vide order dated 16.1.2009. It is further stated that during pendency of the trial respondent No. 1/complainant filed a private complaint under Section 4 & 6 of Dowry Prohibition Act. The learned trial Court has taken cognizance. The petitioners appeared before the Court and filed an application under Section 300(8) of Cr.P.C. and sub -Rule 1 to 4 of Rule 2 of Dowry Prohibition Act alongwith the application under Section 179 of Cr.P.C., which have been dismissed by the learned Court below.

(3.) LEARNED counsel appearing for the respondent No. 1/complainant submitted that the learned trial Court has not committed any error. The petitioners were tried in criminal case for the charges under Section 498A of IPC, while the present complaint has been filed under Section 4/6 of the Dowry Prohibition Act. Similarly, the respondent No. 1/complainant was residing at village Kushmouda with her elder sister, hence the Court at Guna has the jurisdiction.