LAWS(P&H)-2012-1-75

RITU KHURANA Vs. BRIJ LAL CHOPRA

Decided On January 17, 2012
Ritu Khurana Appellant
V/S
Brij Lal Chopra Respondents

JUDGEMENT

(1.) The conspectus of the facts, which needs a necessary mention, for a limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, the marriage of Pinky, daughter of complainant-respondent Brij Lal Chopra(for brevity "the complainant") was solemnised with Udey Bhalla on 18.07.2008, according to the Hindu Rites and Ceremonies at Patiala. The marriage was stated to have also been attended by Asha Bhalla(mother), Ritu Khurana(petitioner No. 1), Priya Yadav(petitioner No. 2), Deepali Arora and Shimona Pathak, sisters of Udey Bhalla(husband), with their respective husbands. Sufficient cash, golden jewellery, clothes and dowry articles were claimed to have been given by her father at the time of solemnisation of the marriage. The complainant alleged that the husband and his relatives were not satisfied with the dowry articles. They demanded more cash and other dowry articles and since, their demand could not be met by the complainant, so, they started harassing his daughter Pinky.

(2.) Levelling a variety of allegations and narrating the sequence of events, in all, according to the complainant that, petitioners-Ritu Khurana, Priya Yadav and their other co-accused treated his daughter Pinky with cruelty in connection with and on account of demand of dowry. That being the position, the complainant earlier lodged a complaint before the Senior Superintendent of Police, U.T., Chandigarh. At the first instance and on the basis of aforesaid accusation, a criminal case was registered against the petitioners and their other co-accused, vide FIR No. 384 dated 10.09.2009(Annexure P-3) under Sections 406 and 498-A IPC, by the police of Police Station Sector 39, Chandigarh.

(3.) At the same time, the complainant filed another second criminal complaint(Annexure P-4) against the petitioners and their other co-accused on the same very allegations/grounds mentioning therein that the police is not taking any action against petitioners-Ritu Khurana and Priya Yadav, sisters of Udey Bhalla (husband). In the wake of second complaint, they were summoned to face the trial under Sections 406 and 498-A read with Section 34 IPC, by the Judicial Magistrate Ist Class, Chandigarh, by way of impugned summoning order dated 05.02.2010 (Annexure P-5).