JATINDER KAUR @ JITENDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed under Section 401 of the Code of Criminal Procedure, 1973 (for short the 'Cr.P.C.') against order dated 7.9.2009 passed by the Court of Additional Sessions Judge, Kurukshetra, in Criminal case No. 16 of 2009 arising out of FIR No. 372, dated 12.12.2008, registered under Sections 406/498-A/323/307/506/120-B of the Indian Penal Code (for short the 'IPC'), vide which it was held that there is no sufficient ground for presuming that the respondents-accused committed an offence punishable under Section 307 IPC and further that there as sufficient grounds for presuming that respondents-accused have committed offences punishable under Sections 406/498-A/323 and 506 read with Section 34 IPC and hence the case was transferred for trial to the Cheif Judicial Magistrate, Kurukshetra for offences under Sections 406/498-A/323/506 read with Section 34 IPC of all the four accused.

(2.) I have learned counsel for the parties and have gone through the whole record carefully.

(3.) Briefly stated the present FIR was registered on the complaint filed by Smt. Jitender Kaur wife of Nawab Singh as per Hindu rites and ceremonies, on 15.1.2003 and that sufficient dowry was given by her parents at the time of marriage. Out of the wed-lock a daughter was also born, who is now five years old. However, her husband Nawab Singh; father-in-law Hardeep Singh; mother-in-law Gurbachan Kaur; Devar (brother-in-law) Sartaj; and Nanad (sister-in-law) Harpreet Kaur were not satisfied with the dowry given by her parents and they used to harass her on account of demand of more dowry and they used to give her beatings. Many panchayats were also convened but to no effect. About two years ago, complainant brought Rs. 2 lacs from her father and had given the same to the accused. The accused behaved properly for some time, however, for the last few days accused raised demand of Rs. 10 lacs by saying that parents of the complainant are based in America and having enough money, however, complainant flatly refused on the plea that her parents were not in a position to fulfill the said demand.