DHAN DEVI Vs. DEEPAK

JUDGEMENT

(1.) MST . Dhan Devi, petitioner, is the mother-in-law of Mst. Deepak complainant-respondent. The complainant was married with Ramesh Kumar Soni son of the petitioner, on 26th June, 1982 at Delhi according to Hindu religious rites. It is alleged that at the time of her marriage, her relations gave valuable gifts as mentioned in the list attached with the complaint, but soon after their marriage, her husband and other relations of the latter, including his mother started mal-treating her with the intention of turning out her from the house and mis-appropriated her Istri Dhan. It is further alleged that her husband was doing nothing and she was blessed with a daughter named Cherri. Her husband took her to various places like Delhi and village Bhadohi (Varanasi) and used to return to the home late. Later on she learnt that her husband had married one Smt. Parvesh and when she remonstrated with him for having married second time, he turned violent and started beating her. Thereafter, he brought his second wife to the house and asked her to look after Mst. Parvesh as the latter was expecting child. It is also maintained that her clothes and ornaments and other gifts were being used by the second wife. With the above referred allegations, a complaint under sections 405, 406, 494, 498-A and 506 IPC was filed by the complainant against the present petitioner and four others, including her husband.

(2.) SHRI H.P. Handa, Chief Judicial Magistrate, Patiala, summoned the petitioner and her son, i.e. the husband of the complainant, to face trial for offences under sections 405, 406, 498-A and 506, Indian Penal Code only. Feeling aggrieved, she has invoked the inherent jurisdiction of this Court under section 482 of the Code of Criminal Procedure for quashing the complaint, besides the order of the Chief Judicial Magistrate for summoning the petitioner for the above referred offences.

(3.) UNDER these circumstances, the complaint Annexure P-2, as well as the summoning order Annexure P-3 of the Chief Judicial Magistrate against the petitioner are quashed by accepting this petition. Order accordingly.