BALWINDER KAUR Vs. MALIK SINGH

JUDGEMENT

(1.) SMT . Balwinder Kaur was married to Kulwant Singh on 10. 4*989. About Rs. 2 lacs are alleged to have been spent on marriage of Balwinder Kaur. Kulwant Singh died in July, 1990. The respondents, as per the petitioner, started harassing Balwinder Kaur after the death of her husband. She was told not to lay claim over the Gratuity, Provident Fund and Pensionary benefits of her late husband. She did not agree. She was turned out of her matrimonial home by the respondents. Her dowry articles were not returned, despite requests made by her. Smt. Balwinder Kaur filed a complaint against the respondents with respect to offence punishable under Sections 406/498-A/420/34, Indian Penal Code.

(2.) AFTER recording the preliminary evidence, the Additional Chief Judicial Magistrate, Ambala, on 23. 12. 1992 dismissed the complaint. Balwinder Kaur preferred a revision petition in the Court of Sessions. Learned Additional Sessions' Judge, Ambala on 16. 5. 1994 dismissed the said revision petition.

(3.) FOR the past two hearings, none appeared for the petitioner. In these circumstances only the respondent's Counsel addressed the arguments. Learned Counsel for the respondents took up the preliminary objection that the present petition is not maintainable because by filing a petition under Section 482, Code of Criminal Procedure, the statutory provisions of Sub-section 3 to Section 397, Code of Criminal Procedure cannot be defeated.