ANUPAMA ALIAS PRABHJOT KAUR Vs. SURINDER SINGH

JUDGEMENT

(1.) Complainant had filed the complaint under Section 406,498-A of Indian Penal Code against the accused-respondents. Vide order dated 29.7.2009, passed by Judicial Magistrate, 1st Class, Gurdaspur, the complaint qua respondents was dismissed. Hence, the present application has been filed by the complainant/appellant under Section 378(4) Code of Criminal Procedure with a prayer for grant of leave to file an appeal against the order mentioned above.

(2.) The case of the complainant, as noticed by the trial Court in para No.1 of its judgment, reads as under :- Complainant has filed this complaint against the accused persons under Section 406, 498-A IPC on the allegations that she was married with accused No.1 on 7.11.1997 as per Hindu Rites at Village Kahnuwan. At the time of marriage, huge dowry articles were given to all the accused. Crl. Misc. A. No. 244-MA of 2010 2

(3.) Out of said wedlock no child was born and the relation between the parties remained cordial for few months. Thereafter, the accused No.1 along with all the accused started raising demand of more dowry as they were not satisfied with the dowry articles give by the parents of the complainant at the time of marriage and the same were entrusted to all the accused persons. But all the accused were not satisfied from the dowry articles and complainant was given beatings mercilessly by the accused No.1 and accused Nos.3,4,5 and 6. On 2.12.1998, she was turned out of her matrimonial home in three wearing apparels and all the dowry articles and Istridhan was retained by all the accused on the same day. Since then she is residing in her parental home. Many efforts were made by the complainant, her parents and other respectable for the rehabilitation of complainant in her matrimonial home but all in vain. The accused No.1 filed a petition under Section 9 of the Hindu Marriage Act, but when complainant put her appearance and filed an application u/s 24 of the Hindu Marriage Act, which was allowed then instead of paying the maintenance, the accused no.1 got the petition dismissed in default on 1.12.2000. For the last one year, complainant along with her parents and respectable requested so many times to all the accused to return her dowry articles and Istridhan, if they do not want to bring the complainant in her matrimonial home,but all the accused finally refused to return the same, hence, this complaint . After hearing the learned counsel for the applicant, I am of the Crl. Misc. A. No. 244-MA of 2010 3 opinion that no ground for grant of leave to file an appeal in this case is made out.