LAWS(P&H)-2004-11-44

GURDEEP KAUR Vs. BALBIR SINGH

Decided On November 03, 2004
GURDEEP KAUR Appellant
V/S
BALBIR SINGH Respondents

JUDGEMENT

(1.) PETITIONER Gurdeep Kaur, the complainant, has filed this criminal revision against order dated 4.6.1990 (Annexure P/4) passed by the Additional Sessions Judge, Jalandhar vide which revision petition filed by respondent Nos. 3 and 4 was allowed and order of the Trial Magistrate dated 10.7.1989 (Annexure P/2) summoning the accused in criminal complaint filed by the petitioner was set aside. In this revision petition, prayer is also made to set aside order dated 9.6.1990 (Annexure P/5) vide which Trial Magistrate, on the basis of order Annexure P/4, dismissed complaint of the petitioner.

(2.) IT was case of the petitioner that her marriage was solemnised with respondent No. 1 on 12.10.1983 at Jalandhar. At the time of marriage, dowry articles worth Rs. one lac were given and entrusted to all the accused. Respondents were not satisfied with the dowry articles and they started demanding scooter and cash amount from the complainant. On her inability to do so, they started mal-treating, torturing and abusing her. When she was in family way, she was given servere beatings by the accused and she was thrown out of her matrimonial house. Due to that her health deteriorated. It was further case of the petitioner that on account of beatings, mental agony and physical pain, she gave pre-mature birth to a child, who was found dead on 13.6.1984. Respondents never came to enquire about her health and regarding birth of dead child. They rather told the petitioner and her parents that they would keep the petitioner in her matrimonial house only when their demands were fulfilled.

(3.) WHEN she refused to oblige them, she was separated from the family and was made to live in a rented house in the same locality on 20.5.1987. In a very arbitrary manner, none of her dowry articles and other articles of daily use were given to her. Even thereafter agony of the petitioner did not stop because of constant torture, mal-treatment and beatings. Again 4-1/2 months pregnancy of the petitioner was terminated on 9.8.1987 in Chawla Maternity Hospital, Jalandhar City.