JYOTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against observations made in judgment dated 2.7.2014 passed by Additional Sessions Judge, Special Court, Sonepat, for issuance of show cause notice to petitioner Jyoti for initiating proceedings under Section 344 Cr.P.C.

(2.) Briefly stated, facts of the case are that accused Amarpal faced trial by Additional Sessions Judge, Special Court, Sonepat, for offences under Sections 498-A/34, 406/34, 376 IPC, read with Sections 511 and 506 IPC, and vide judgment dated 7.2014, he was acquitted of the charge.

(3.) Complainant Jyoti had lodged FIR in question on the allegations that she was married with Dharambir s/o accused Amarpal on 11.12.2012. At that time, her parents had given dowry beyond their capacity. Her husband was still studying and was not doing any job. Soon after her marriage, the complainant was harassed and maltreated by her father-in-law Amarpal, as well as her mother-in-law and sisters-in-law, in connection with demand of dowry. She was even given beatings. She was turned out of the matrimonial house, retaining her istridhan articles. The complainant had submitted a written complaint to the police on the basis of which formal FIR under Sections 498-A, 406 and 506 IPC was recorded. Investigation in the case started, during the course of which, complainant expressed her desire to return to the matrimonial home and furnished an affidavit that no action should be taken against her in-laws family. A cancellation report was prepared on 31.5.201 On 27.11.2013 the complainant again submitted a complaint to SHO Kharkhoda, that after settlement was arrived at between the parties and she had returned to the matrimonial home, only 5 days thereafter, her in-laws again started harassing her on account of demand of dowry and on 18.6.2013 when she was sleeping alone in her room and her husband, mother-in-law and sisters-in-law had gone to Khatu Shyam, then her father-in-law Amarpal knocked at the door of her room; the time was about 11-12 P.M. The complainant opened the door. Finding that intention of the accused was not good, she scolded him and the accused left her room. On 19.6.2013 at about 12.00 night, when the prosecutrix was taking rest in her room, then accused suddenly came there and started outraging her modesty. The complainant pleaded with him not to do so, but he did not listen and rather attempted to commit rape upon her, by removing clothes of complainant and his own pyjama. The complainant pushed him by giving kicks due to which he fell down on a side and the complainant managed to run out of the room. Thereafter, the accused also slipped away. He returned home in the evening and felt sorry for his behaviour, pleading the complainant not to disclose the incident to anybody. But the complainant narrated the entire incident to her husband, mother-inlaw and sisters-in-law, when they came back from Khatu Shyam on 20.6.201 But they extended threats to her and also gave beatings to her. On the basis of that complaint offence under Section 376 IPC read with Section 511 IPC was added.