SANJAY Vs. SHALU

JUDGEMENT

(1.) THIS Criminal Miscellaneous application has been filed for quashing of complaint proceedings registered and numbered as Criminal Complaint No. 44-1 of 2007 now pending in the court of the learned Additional Chief Judicial Magistrate, Hisar as well as order dated 5.10.2007 passed in the said case by which the accused named in the complaint petition including the present petitioners have been summoned by the learned trial court.

(2.) THE case of the respondent-complaint in the complaint petition filed is that marriage between the complainant and the accused No.1 Sanjay was solemnized on 29.8.2004 according to Hindu rites. It is stated in the complaint petition that at the time of marriage the parents of the complainant gave sufficient dowry to the family of the accused despite which there were consistent demands for more dowry and different items which could not be met. However, according to the complainant her parents, on two occasions, arranged two amounts of Rs.20,000/- and Rs.25,000/- which were paid to the family of the accused. In the complaint it has further been stated that after the aforesaid demands were met, the accusedpetitioners kept her properly for sometime but after expiry of a few months the complainant was again harassed and tortured by the accused and her family members and eventually thrown out of the matrimonial home. It is the further case of the complainant that her minor son borne out of the wedlock was kept by the accused and his family members.

(3.) FROM the materials on the record it appears that in respect of the same very incident the complainant had filed a complaint before the Superintendent of Police, Hisar alleging the same very omissions and commissions by the accused persons. The said complaint filed by the complainant is dated 14/18-11-2006 and the same was investigated by the Inspector of Police attached to the Crime Against Women Cell, Hisar. Thereafter a report (Annexure P-4) was submitted by the Inspector, CAW Cell, Hisar which would go to show that the allegations made by the complainant in the complaint submitted to the Superintendent of Police were found to be incorrect. In fact in the said report it is mentioned that the parents of the complainant and her brother-in-law had been interfering in the family affairs of the accused-petitioners and there was in fact an incident of assault committed by the family members of the complainant on the mother of accused No.1 Sanjay. Inspector CAW, Hisar in his report has also stated that he had discussed the matter with both the parties and had tried to settle the same which, however, was not possible due to the adamant attitude of the complainant-wife.