NIRMALA DEVI Vs. ROOP LAL AND OTHERS

JUDGEMENT

(1.) THIS Court is dismayed at the kind of reasoning undertaken by the Court of learned Judicial Magistrate 1st Class, Phagwara. Not only the reasoning is palpably untenable but the inferences drawn cannot be sustained. Therefore, the order dated 4.5.1992, whereby the accused were discharged in a complaint preferred by wife under Sections 406 and 498 -A, IPC, is set aside.

(2.) COMPLAINANT /petitioner was married with Roop Lal on 6.11.1983 at Phagwara. She has given the details of stridhan given and cruelty, harassment and maltreatment inflicted upon her by the respondents. Complainant after institution of the complaint led her preliminary evidence and on the basis of which accused No. 1, 9, 11 and 12 were summoned. For the purpose of charge, complainant appeared as PW 1. She also examined Surinder Singh as PW 2 and her brother Amarjit as PW 3. The Court of learned Judicial Magistrate 1st Class, Phagwara, while discharging the accused, has given the following three reasons:

(3.) WIFE /complainant is required to be compensated. The present revision petition is accepted and cost of Rs. 10,000/ - is awarded, which shall be borne by respondent No. 1 -husband.