ANAND PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Fir dated 5.2.1999 was lodged by Babita alleging that she was married to petitioner No.1 Anand Prakash on 6.2.1998. She was harassed by Maya Devi, mother-in-law; Vanita, sister-in-law; Chhitter Mal, father- in-law and maternal uncle Hari Kishan. Raja Ram, a neighbour, was also advising the accused. Since demand of dowry was not fulfilled, she was turned out of the matrimonial home in January, 1999.

(2.) The trial Magistrate discharged the accused observing, inter alia, that the complainant had written a letter dated 28.3.1998 admitting that she left the matrimonial home of her own on account of illness and the said letter belied the version of harassment. Misappropriation of dowry was also not established.

(3.) On a revision being preferred against the said order by the State/ complainant, the Court of Session set aside the order of discharge and observed that even subsequent to the letter relied upon, there was harassment and statements under section 161 of the Code of Criminal Procedure were ignored and letter dated 28.3.1998 alone could not be made a basis for discharge. Accordingly, the order of discharge was set aside and the case was remitted for a fresh decision. Hence this petition.