DIVYA ALIAS BABLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) VEENA respondent No. 2 filed a complaint against the present seven petitioners as well as her husband Sanjay Kumar (non-petitioner) under Sections 498-A/406 IPC before the concerned Ilaqa Magistrate (A.C.J.M.), Panipat with a request that the same be sent under Section 156(3) of Cr.P.C. to the concerned police station for registration of the case alleging therein that she got married to Sanjay on 28th of June, 1999 at Samalkha, District Panipat and in the marriage her parents had spent about Rs. 2.00 lacs. She also alleges that certain dowry articles (as shown in the annexure) were entrusted to her in-laws. It is her case that her in-laws had played a fraud upon her by concealing the fact that Sanjay Kumar was earlier married and the said marriage was broken after litigation. She stayed in her matrimonial home for about 16 months i.e. 28.6.1999 to 18.11.2000 and during this period her in-laws misbehaved with her physically and mentally. Petitioner No. 3 who is son of real brother of mother of Sanjay (Mama) and Daya Kishan petitioner No. 4 who is member panchayat used to instigate the other family members of her in-laws to maltreat her with regard to bringing insufficient dowry. At one stage a sum of Rs. 27,000/- was given to petitioner No. 1 for purchase of scooter but the same was not purchased. Ultimately, on 18.11.2000 she was turned out of the matrimonial home. It is then alleged that despite the intervention of brotherhood, her in-laws had refused to hand over the dowry articles. Rather frivolous and false allegations were levelled against the complainant. On these allegations the complainant is primarily seeking conviction of the present petitioners and her husband Sanjay.

(2.) ON the direction of the concerned Court (Ilaqa Magistrate), FIR No. 253 dated 2nd of September, 2002 was registered against the petitioners under Sections 498-A/406 IPC.

(3.) PURSUANT to notice, both the respondents filed their respective replies.