SUMAN Vs. KARAMJIT AND OTHERS

JUDGEMENT

(1.) The instant application has been filed under Section 378(4) Cr.P.C. seeking leave to file the appeal against the impugned judgment dated 29.09.2014 passed by learned Judicial Magistrate Ist Class, Hissar, in Criminal Complaint No.73-1 dated 25.04.2011, under Sections 498-A, 406, 323, 506 of Indian Penal Code.

(2.) In short, the facts of the case are that, the marriage of applicantcomplainant was solemnized with Karamjit son of Rameshwar Singh according to Hindu rites and ceremonies and on the same day, marriage of her elder sister Bimla was solemnized with Dalip son of Rameshwar Singh. It is alleged that Muklawa ceremony of complainant was solemnized in the year 2003. At the time of marriage, father of the complainant spent sufficient amount on the marriage and gave sufficient household articles, but the accused persons were not happy with the dowry and they started maltreating the complainant for their demand of dowry. It is further alleged that a sum of ' 5 lacs was demanded for securing a job for respondent No.1 in the police department. As per complainant, the accused persons also tried to force her to leave the matrimonial home and also tried to cause her abortion. Thereafter, the complainant filed an application before Nodal Cell, Hissar in November, 2007, however, she was threatened to withdraw the said complaint. It is also alleged that Karamjit Singh obtained a decree of divorce from District Court, Jind in connivance with her counsel, against which she has filed an appeal. Thereafter, the complainant approached the police for taking action and when no action was taken by the police, the instant complaint came to be filed under Sections 498-A, 406, 323, 506 of Indian Penal Code.

(3.) In her preliminary evidence, the complainant examined herself as PW1, Bimla as PW2, Bijender as PW3 and Satish Kumar as PW5. Thereafter, the preliminary evidence was closed and the accused persons were ordered to be summoned to face trial for the offences punishable under Sections 498-A, 406, 323, 506 of Indian Penal Code.