BHOOMIKA SAROHA Vs. RAMESH MALIK & OTHERS

JUDGEMENT

(1.) The petitioner wife Bhoomika Saroha has come up with this petition under Section 482 Cr.P.C. seeking quashment of judgment and order dated 15.01.2018 (Annexure P4) passed by the Court of learned Additional Sessions Judge, Sonipat whereby the Court below had set aside an order dated 01.07.2017 (Annexure P3) of the Court of learned Judicial Magistrate 1st Class, Sonipat chargesheeting the accused and thereby partly allowing the revision had directed the trial Court to pass fresh order regarding framing of charges against the accused namely Ramesh Malik, Mamta Malik, Rohit Malik and Rahul Malik.

(2.) The brief grounds that form part of the this assailment are that an FIR No.84 dated 14.10.2015 under Sections 323, 498A, 406, 506, 34 IPC was registered at Police Station Women Cell, Sonepat (Annexure P1) by the wife. Upon completion of investigations, report under Section 173 Cr.P.C. was filed against all the four accused (Annexure P2). The allegations that fall within the factual compass are demand of dowry, cash and physical and mental abuse at the hands of the accused, of the complainant, and which need not be reiterated here. Learned trial Court vide orders dated 01.07.2017 (Annexure P3) framed charges under Sections 498-A, 406, 34 IPC against all the accused and against accused No.2, 3 and 4 under Sections 323/34 IPC besides charging accused No.2 and 4 for offence under Sections 506/34 IPC. The same was challenged by the accused in revision and accordingly the impugned orders were passed and that is how the parties are before this Court with the aid of Section 482 Cr.P.C.

(3.) Upon hearing Mr. KDS Hooda, Advocate for the petitioner; Mr. Arun Khatri, Advocate for respondents No.1 to 4; Mr.Gaurav Bansal, Asstt. Advocate General, Haryana for respondent No.5/State and on perusal of the records.