MAHAVEER Vs. STATE

JUDGEMENT

(1.) BY way of this petition,the petitioners accused have prayed for quashing the impugned order dated 2. 3. 98 passed by the learned Additional Chief Judicial Magistrate No. 1, Udaipur whereby the learned Magistrate took cognizance against the accused petitioners no. 1, 3, 4 and 5 for offence under Section 498-A IPC and against the accused petitioner no. 2 under Section 498-A and 354 IPC.

(2.) ON 8. 1. 97, the respondent No. 2 Smt. Shashikala w/o Mahaveer Kumar (present petitioner No. 1) filed a complaint before the learned Additional Chief Judicial Magistrate No. 1, Udaipur. She has stated in it that the accused petitioner no. 1 Mahaveer Kumar is her husband, the accused petitioner no. 2 Sagar Mal is her father in law, the accused petitioner no. 3 Pawan Kumar is her brother-in-law, accused petitioner No. 4 Smt. Tulsi Devi is her mother-in-law and accused petitioner No. 5 is her sister-in-law. She has stated that all the five accused were harassing her within short time of her marriage for dowry and the accused Sagarmal, who is her father-in-law, tried to outrage her modesty, thereby they have committed offence punishable under Section 498-A I. P. C. and in addition to that, the petitioner no. 2 has committed offence punishable under Section 354 IPC. She had also complained against all the accused for offence punishable under Sections 323, 406 and 504 IPC but the learned Magistrate after considering the statement of the complainant Smt. Shashikala and her witnesses found that no case was made out against any of the accused for offence under Sections 323, 406 and 504 IPC and, therefore, refused to take cognizance by his impugned order dated 2. 3. 98. However, he was satisfied that a prima facie case was made out against the present petitioners for the offence under Section 498-A IPC and in addition to it, prima facie offence is made out under Section 354 IPC against petitioner no. 2.

(3.) THERE cannot be any quarrel with the principle laid down by the Hon'ble Supreme Court that the decisions of civil courts are binding on the criminal courts and the converse is not true. THERE is not much difference between the civil courts and family courts. By its nature, the Family Courts can be said to be just like Civil Courts. However, there is a vast difference in the proceedings conducted by both the courts. For trying civil suits, a complete Code of Civil Procedure is there and before the Civil Courts, the lawyers are entitled to appear whereas under the provisions of Family Courts Act, the lawyers are not entitled, the parties have to plead their own cases before the Family Courts unless and until in a case, special permission is granted by the Family Courts to any party to plead his/her case through a lawyer.