BHIRA S/O SURAT SINGH Vs. KRISHNA DEVI

JUDGEMENT

(1.) The present petition has been filed for quashing the complaint (Annexure P1) and the summoning order dated April 27, 1994 ( Annexure P-2).

(2.) As per the allegations-in the complaint, all the accused persons used to maltreat the complainant and demand dowry from her. The demands were endless. Thus, even after 16 years of the marriage, the accused party still demanded more dowry articles. Not only the petitioner was turned out from the house, but she was even given merciless beatings. The Panchayat and other respectable persons of the village intervened many times, but the behaviour of the petitioners did not change. Fed up by the continuous demand of dowry made by the petitioners, the complainant fled a complaint dated April 23, 1992 (Annexure P-1) against them in the Court of Judicial Magistrate Ist Class, Kaithal. In support of her allegations, the complainant appeared as C.W.l. She also examined Jai Singh as C.W.2. and Ramida as C.W.3. The bed head ticket of the hospital, where she had been admitted, was also tendered in evidence. After examining the evidence led by the complainant and the version given by her the Judicial Magistrate Ist Class, Kaithal vide his order dated April 27, 1994 summoned all the petitioners under Sections 406 and 498-A. Indian Penal Code.

(3.) After perusing the complaint and the summoning order in this case. I am satisfied that it is not a fit case for quashing the complaint and the summoning order. Prima facie it appears that inhuman and harsh treatment was meted out to the complainant by the petitioners for which they have to he dealt with in accordance with law. The Judicial 'Magistrate Ist Class, Kaithal, was satisfied after examining the evidence led by the complainant side that it is a fit case for proceeding against the accused under Sections 406 and 498-A. Indian Penal Code. The counsel for the petitioners tried to raise the point of jurisdiction. which in my view does not arise in this case.