KUSUM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant application has been preferred under Section 378(4) Cr.PC for grant of leave to appeal against the judgment dated 21.11.2014 passed by Sub Divisional Judicial Magistrate, Safidon in criminal complaint No.l A-1 of 2011 dated 07.01.2011 registered under Sections 498, 406, 323 and 506 IPC, District Jind whereby the accused respondents were acquitted of the charges framed against them.

(2.) The complainant got married to respondent No.2 - Jitender @ Kaka on 09.11.2008 according to the Hindu rites and ceremonies. It was alleged that at the time of marriage, sufficient dowry was given and more than Rs.10 lakhs were spent on the marriage. The complainant along with her sisters inherited the land of her deceased mother situated at village Indergarh. After the marriage, the agricultural land inherited by the complainant-wife was transferred by her in favour of her boy cousins regarding which respondents expressed their displeasure and demanded that the inherited land of her deceased mother as well as land of her father be transferred in the name of respondent No.2-husband else they would not let her continue staying in the matrimonial home nor allow her to conceive a child. Since the complainant was unable to accede to their demands, she would often be subjected to continuous mental and physical harassment. Finally on 30.04.2010, she was turned out of the matrimonial home by the respondents-accused. Thereafter, the complainant filed a complaint to SHO, Police Station Safidon under Section 156(3) Cr.PC for lodging a FIR pursuant to which FIR No.147 dated 12.05.2010 under Sections 498-A, 406, 323 and 506 IPC was registered. During the investigation, aforementioned FIR was cancelled and cancellation report dated 26.04.2010 was presented in Court. It was in this factual background that the complainant filed a protest petition against the cancellation report in the court below. Thereafter, the Court below after following the due procedure as envisaged under Section 190 Cr.PC proceeded with the trial and framed charges under Sections 498-A, 406, 323 and 506 IPC to which the respondents-accused pleaded not guilty and claimed trial.

(3.) The complainant in support of her case stepped into the witness box as PW-1 and examined her father as PW-2 and Dayal Singh as PW-3.