AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') against the order dated 11-12-1994, passed by the Additional Sessions Judge, Rohtak, whereby the order dated 31 -3-1995, passed by the Judicial Magistrate, Rohtak, discharging the petitioners and two others in the Criminal Case No. 337/1 of 1994, arising out of FIR No. 216 dated 29-9-1994, registered at Police Station Sampla for an offence under Section 498-A, Indian Penal Code, has been partly set aside and the petitioners have been ordered to be charged for an offence under Section 498-A, Indian Penal Code, and to be proceeded against in accordance with law.

(2.) THE facts necessary for the disposal of this petition are that one written complaint dated 17-9-1994 made by Sh. Kartar Singh, a retired Police Official, the aforesaid FIR was registered at Police Station Sampla. The allegations, in brief, are that Sunita, daughter of the complainant; was married with Ajit Singh, petitioner No. 1, in the year 1988. Petitioner No. 2 is the father and petitioner No. 3 is the mother of petitioner No. 1. It has been alleged in the complaint that the complainant had given sufficient dowry according to the status but the petitioners along with Baljit Singh and his wife were not satisfied and were harassing Sunita for bringing insufficient dowry. A demand was made for a refrigerator, colour television, cooler etc. The complainant, who was in the service of Haryana Police, had to seek compulsory retirement due to a paralytic attack. His son was taken into service on compassionate grounds. This further annoyed the petitioners, who wanted that petitioner No. 1 ought to have been got employed on compassionate ground. The complainant convened a Panchayat also wherein the petitioner described Sunita as mentally disabled and insane. Later on Sunita was given beating and turned out of the matrimonial house. After investigating the case, a charge-sheet was filed in the Court. against the petitioners as well as Baljit Singh, a brother of petitioner No. 1, and Jagwanti, wife of Baljit Singh. After hearing the prosecution and the defence, the Judicial Magistrate, by his order dated 31-3-1995, came to the conclusion that the allegations of the complainant are general in nature and no case under Section 498-A, I. P. C. , is made out. Accordingly, all the five accused were discharged.

(3.) I have heard the learned counsel for the parties and have perused the record.