DAVINDER KAUR Vs. NISHAN SINGH AND OTHERS

JUDGEMENT

(1.) Crm-19880-2016

(2.) The backdrop of the case is necessary. The petitioner was married to respondent No. 1 on 3.4.2005. A child was born to them. Disputes arose between the couple. Allegations were levelled that the husband and his family were greedy and were not satisfied with the dowry and started making demands. It was urged that on 18.9.2007 demand of Rs. 5,00,000/- was made on the pretext that Nishan Singh was to go to Australia. When the complainant expressed her inability she was beaten up and an attempt was made to set her ablaze by sprinkling kerosene oil. She immediately informed her father telephonically. FIR No. 129 dated 22.11.2009 was registered under Section 498-A, 406 IPC at P.S. Sardulgarh. During the pendency of the case Nishan Singh went to Australia. He returned to India in March 2009. Challan was presented and the trial commenced. The complainant did not support the prosecution story at the trial and turned hostile. The trial ended in acquittal.

(3.) The petitioner had placed on record the FIR that was registered in 2007 as well as the statements made by the complainant. A perusal of the complaint shows that the complainant had made the same allegations in the FIR in 2007 and the accused were acquitted as the complainant failed to support her own version. Both the Courts below had noted that there was no details to support her contention that any dowry was given.