SUNITA DEVI Vs. SUNIL KUMAR

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 07.10.2014 passed by learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri whereby complaint filed by applicant under Sections 494, 406, 506, 120 -B of the Indian Penal Code has been dismissed and respondents have been acquitted of the charge framed against them.

(2.) BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Sections 494, 406, 506, 120 -B of the Indian Penal Code alleging that applicant -complainant is legally wedded wife of respondent No. 1 -Sunil Kumar and their marriage was solemnized about 10/11 years ago at Village Dhanno Kheri, Tehsil Indri, District Karnal as per Hindu rites and ceremonies. The parents of applicant -complainant gave sufficient dowry articles i.e. jewellary, clothes and furniture etc. in the marriage, which were entrusted to respondents -accused. After the marriage, they started residing in Village Bakarpur and cohabited with each other as husband and wife under the same roof and out of their wedlock, one male child, namely, Gaurav and one female child, namely, Mithali were born. Applicantcomplainant was kept with love and affection by respondent No. 1 - accused up to 2007, but in late 2007, respondent No. 1 -accused started showing some indifferent attitude towards the applicantcomplainant as the respondent No. 1 -accused developed illicit relation with a lady, namely, Meena Saini and he also started avoiding his marital duties towards the applicant -complainant and her children.

(3.) THE fact of illicit relationship of accused No. 1 became proved when it came to the knowledge of the complainant and her family members that respondent No. 1 -accused has got married himself with respondent No. 2 -accused Meena Saini in order to give legal shape to his illegal illicit relationship with said Meena Saini while said Meena Saini and her parents i.e. respondents No. 3 and 4/accused were very well within the knowledge that respondent No. 1 -accused Sunil Kumar is married, but they solemnized the marriage of their daughter Meena Saini with Sunil Kumar and started keeping him in their house. Due to this illegal act and conduct on the part of respondents No. 1 to 4/accused, applicant -complainant and her parents convened a panchayat, but respondents -accused did not listen the genuine request of complainant. Thereafter, family member of respondent No. 1 and other tried their level best for dissolution of relationship between respondent No. 1 and said Meena Saini and thereafter, relationship between them was dissolved vide panchayati settlement reduced into writing on 08.04.2008 and the same was got attested from Notary Public and the said Meena Saini had also executed an affidavit that she will not interfere into the married life of respondent No. 1 -accused and applicant -complainant and also undertook that she will not keep any relationship with Sunil Kumar in future. Thereafter, Sunil Kumar started living with the complainant at Village Bakarpur and after sometime, he again started showing indifferent attitude towards the complainant and her children and again started living outside the house for 2/3 days continuously and thereafter, he left the house by taking away an amount of Rs. 2,50,000/ - and golden jewellery of the complainant lying in the house and again started living with respondent No. 2 Meena Saini in Bharat Sewak Nagar, Jagadhri with the consent of her parents i.e. respondents No. 3 and 4 herein.