SANJIV KUAMR MINTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tersely, the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record are that, inter-caste love marriage of Manoj Kumar Saini, younger brother of petitioner Sanjiv Kumar, was solemnized with complainant-Anju Saini, respondent No.2 (for brevity "the complainant") on 06.07.2002 in Arya Samaj Mandir at Hisar, without the consent of family members. When the father of Manoj Kumar Saini came to know that he is going to perform love marriage with the complainant, then he disowned him(Manoj Kumar) and got published the following public notice on 11.06.2002:-

(2.) As soon as, he came to know about the inter-caste marriage, in the meantime, he actually suffered serious ailments and ultimately, died due to the attitude of his son Manoj Kumar Saini. On 20.04.2008, i.e. six years after solemnization of marriage, the complainant lodged a complaint against petitioner- Sanjiv Kumar, brother-in-law(Jeth), his wife Suman, sister-in-law(Jethani) and Rani, mother-in-law, inter alia, with the allegations that they started pressurizing her, to bring more money from her parents. They did not give any share out of property and demanded Rs.2-3 lacs. According to the complainant that, she left her matrimonial home due to fear and started residing with her younger sister. She apprehended danger to her life, as she was unable to fulfill their demand of dowry. In the background of these allegations, a criminal case was registered against the petitioner and his other co-accused, by way of FIR No.258 dated 20.04.2008 (Annexure P-5), on accusation of having committed the offence punishable under Sections 498-A, 406 and 506/34 IPC, by the police of Police Station City, Rohtak.

(3.) Although, during the course of investigation, Rani(mother-in-law) and Suman, sister-in-law(Jethani) of the complainant, were found innocent, however, the police submitted the challan/final police report in the court against the petitioner in terms of Section 173 Cr.P.C., to face the trial for the commission of pointed offences.