SUKHWINDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 Cr.P.C. for setting aside the order dtd. 24/7/2018 (Annexure P-4) passed by SDJM, Gulha in FIR No.120 dtd. 3/7/2018 under Ss. 365 IPC and Sec. 376-D (added later on) registered at Police Station Gulha, Kaithal (Annexure P-1), whereby her second application for recording statement under Sec. 164 CrPC was dismissed.

(2.) Briefly stated, the aforesaid FIR was registered at the behest of Rajesh Kumar, who is husband of the petitioner. As per the FIR, the petitioner, who is married with Rajesh Kumar for the last about 7 years, have two sons namely Abhishek aged about 3 years and Armandeep aged about 5 years. On 30/6/2018, the family members of the petitioner were sleeping after taking their meal. When they woke up in the morning, they found that wife of the complainant (the petitioner herein) and his younger son Abhishek were missing from home. The complainant enquired from the neighbours about the whereabouts of the petitioner and Abhishek, but did not find any clue about them. The petitioner had taken Rs.40,000.00 in cash and 2 tola jewellery with her. The complainant suspected that his wife (the petitioner) had been abducted by his neighbour Dalbir Ram son of Joginder Ram and his companions. However, after about a week, the petitioner came back and appeared before the police. Accordingly, her statement under Sec. 164 CrPC was recorded on 6/7/2018, wherein in response to questions nos.3 and 4, she has stated as under:-

(3.) The learned Magistrate while recording the statement made by the petitioner under Sec. 164 CrPC made it clear to her that she (petitioner) is not bound to make such statement, however, if such statement is made, the same may be used as evidence against her. The Magistrate has further recorded that the statement so made by the petitioner was voluntary and the same was signed by the petitioner.