SATINDER KOUR Vs. S D SINGH

JUDGEMENT

(1.) Through the currency of this revision, the complainant seeks the reversal of order dated 31-3-2003, drawn by the learned Judicial Magistrate 1st Class (Sub- Judge), Jarnmu, in a complaint entitled Satinder Kour v. S. D. Singh for the offences under Sections 405/406 RPC, whereby the trial Court has dismissed the complaint and discharged the respondent.

(2.) The case set up by the petitioner-complainant in her complaint, in brief, may be noticed.

(3.) That it was the love marriage of the complainant-petitioner with the respondent performed on 26-8-1995. The mariage between the parties was registered with the Tehsildar, Jammu. The respondent, soon after the marriage, proceeded for IPS training and joined the training Institute by making a wrong statement that he is still unmarried. At the insistence of the respondent, after the joining of Institution, another function was solemnized in Delhi to cover-up the wrong statement made by the respondent before the authorities of the Institution that he was unmarried at the time of joining the Institution. The complainant further stated to have received several gifts both at Jammu and Delhi from her relatives, friends and mother at the time of marriage which were exclusively meant for her use after the marriage this was the stridhana of the complainant and she never parted with her possession or dominion over the articles described in the list annexed with the complaint. It is further asserted that the respondent was never made to possess the said articles. The respondent, after sometime, started maltreating the complainant for want of bringing sufficient dowry and turned her out of the matrimonial house. All the articles belonging to the complainant as her stirdhana remained with the respondent and demands were made at various times for the return of the stridhana, but without any positive response and the respondent intentionally and willfully retained the said property- The complainant further stated to have never entered into an agreement with the respondent by virtue of which the respondent was either entrusted with the property or domain over the said property, thus, he dishonestly misappropriated the stridhana of the complainant and he has committed the offence of criminal breach of trust.