GANTOLI Vs. KALWA RAM

JUDGEMENT

(1.) THE petitioner states himself to be an old man, a resident of Village Nagla Mora, Police station Brindavan, District Mathura (U.P.). His daughter Ram Vati stands married to Sh. Chand son of Kalwa Ram Respondent. Due to some differences between husband and wife, Ram Vati and her two minor daughters are for the present with the petitioner. Ram Vati, the wife, has filed a petition under section 125, Criminal procedure Code, in the Court of Special Judicial Magistrate, Mathura, Siri Chand, the husband, has been summoned in that case and the proceedings are in progress and as stated at the bar at the revisional stage.

(2.) ON the other hand, the respondent filed a complaint under sections 323/504/506/498/380/148/149, Indian Penal Code, against the petitioner and his five close relatives on the broad allegations that on 16.9.1984 these six persons came to his house and took away his daughter -in -law and valuables while abusing him fifthly and to have given him in the bargain fist blows. He detailed the article to be pieces of jewellery and clothes plus some cash.

(3.) THE claim of the petitioner is that this complaint filed before a Judicial Magistrate Ist Class, Gurgaon is nothing but an abuse of the process of the Court in as much as it was a counter -blast to the maintenance petition and even otherwise the article referred to therein were nothing but Istridhan of his daughter.