KAMALJIT KAUR Vs. SARABJIT SINGH

JUDGEMENT

(1.) Petitioner has filed the present petition under Section 482 Cr.P.C. impugning the order dated 09.05.2018 (Annexure P-2) passed by learned Judicial Magistrte 1st Class, Hoshiarpur, declining her prayer to summon respondents No.1 to 3 to face trial for offence punishable under Sections 354, 382 IPC and to dismiss the complaint qua respondent No.4.

(2.) Challenge has also been laid to the order dated 18.09.2019(Annexure P-4) passed by learned Additional Sessions Judge, Hoshiarpur, whereby revision petition filed by the petitioner against the order dated 09.05.2018, was dismissed.

(3.) Briefly stated, the petitioner has filed a complaint under Sections 354, 382, 506, 323, 452 IPC against the respondents. As per the complaint, the petitioner was earlier married to respondent No.1-Sarabjit Singh and was divorced by way of mutual consent in the year 2014. Sarabjit Singh has given to her 06 marlas of land in village Khanpur and 14 marlas of land in village Pahowal. In addition thereto, he has given Rs.28 lakhs to the petitioner and her son Amandeep Singh as alimony. However, now all the accused are putting pressure upon her to return the entire property. Therefore, she moved a complaint to the SSP, Hoshiarpur on 20.12.2016, but no action was taken on the said complaint. It is on 18.02.2017, when at about 6 PM, she was in her house and the co-villagers namely Mohinderpal and his wife Laxmi had come to meet her, all the accused except respodent No.4-Ranjit Singh had come to her house. When she opened the gate, the accused attacked her with deadly weapons. The petitioner went inside her house so as to save herself from the accused. The accused caught hold of her from her hair, gave kick and slap blows to her and had torn her clothes. All the accused had threatened her to return entire property and money. Mohinder Pal and Laxmi saved her from the accused. The accused broke the household articles, took away her gold chain and cash of Rs.20,000/-. Thereafter, on 22.02.2017, she moved another complaint to the SSP, Hoshiarpur, but no action was taken on it till date. Hence, the complaint.