SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Crl. Misc. No. 15613-M of 1995 and Cri.M. No. 15402-M of 1995 relating to quashing of F.I.R. No. 61 dated 21.2.1989 under Sections 406/498A, I.P.C. Police Station, Thanesar and F.LR. No. Ill dated 1.2.1994 under Sections 498A/34, I.P.C. Police city, Karnal respectively. Since identical questions of law and facts are involved in both these cases, therefore, these are bracketed together for the purposes of disposal.

(2.) RESPONDENT No. 2 (hereinafter referred to as the complainant) was married to petitioner No. 1 Suresh Kumar at Thanesar, on 19.2.1987 according to Hindu custom and rites. The other two petitioners Piara Lal and Darshana Devi are her father-in-law and mother-in-law. It is alleged in the complaint that soon after the marriage took place the petitioner (hereinafter referred to as the accused) who were showing idealism and moral value proved otherwise and tortured the complainant and made many demands for the dowry as a result of which the first complaint was filed by her in the year 1988. The same was formulated as F.I.R. No. 61 dated 22.1.1988 by the police on the order of the Chief Judicial Magistrate, Kurukshetra, who sent the complaint to the police for registration and investigation of the case under Section 156(3), Cr.P.C. After the report was submitted by the police the accused faced trial for an offence under Section 406 of the Indian Penal Code before the said Chief Judicial Magistrate.

(3.) IN the earlier case although report under Section 173 of the Cr.P.C. was filed under Sections 406/498-A of the Indian Penal Code but the Trial Court charge-sheeted the accused for an offence under Section 406 of the Indian Penal Code only and refused to frame charge under Section 498-A of the Indian Penal Code for want of jurisdiction.