ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) The instant petition under Sec. 482 Cr.P.C. has been preferred by the accused-petitioners for assailing the order dtd. 5/12/2019 passed by the learned Special Judge, Women Atrocities and Dowry Cases, Sri Ganganagar in Criminal Revision Petition No.35/2019 whereby, the revision petition preferred by the petitioners was rejected and the order dtd. 2/2/2019passed by the learned Chief Judicial Magistrate, Sri Ganganagar in Criminal Regular Case No.214/2018 (State Vs. Arun Kumar and Ors.) directing the framing of charges against the petitioners for the offences under Ss. 498A and 406 of the IPC was upheld.

(2.) In nutshell, facts relevant and essential for disposal of the Misc. Petition are noted hereinbelow:-

(3.) The respondent No.2 complainant Smt. Pratibha Dhingra filed a complaint against the petitioners and one Lakshit Kumar at the Police Station Mahila Thana, Sri Ganganagar on 21/12/2017 alleging inter alia that her marriage was solemnized with the petitioner No.l Arun Kumar at the Classic Castle Resort, Firozpur (Punjab) on 17/2/2014 as per the Hindu rites and rituals. Wholesome dowry was given at the time of her marriage. All her dowry articles were taken into possession by the petitioners on reaching the matrimonial home. The complainant settled with the petitioner No.l Arun Kumar at Firozpur, Punjab and on the very next day of the marriage, insinuations were made by her matrimonial relatives that the dowry articles given by her parents were not sufficient. She was insulted saying that only an 1-20 Car had been given, whereas they were expecting a Fortuner car in dowry. The mother-in-law slapped the complainant when she spoke in defence of her parents. She was humiliated and harassed incessantly. A few days after the marriage, the complainant realized that her husband Arun Kumar was a drug addict. She got pregnant and the accused continued to harass her even during the period of her pregnancy. She gave birth to a baby girl on 1/7/2015 on which, her mother-in-law treated her with gross cruelty. In December 2016, the father-in-law outraged the modesty of the complainant and she was turned out of the matrimonial home. She came to know in the month of July 2017 that her husband was admitted at DMC Hospital, Ludhiana, on which, she went there to meet him, but she was disallowed by her mother-in-law to met the doctors, which made her suspicous. However, on 14/9/2017, the complainant could somehow gain access to the Doctor and came to know that her husband was suffering from Epileptic fits, which were caused by his drug addiction. The complainant's father convened a community Panchayat meeting on 1/10/2017 and requested the petitioners to return her dowry articles, but they refused to do so. On the basis of this complaint, an FIR No.196/2017 came to be registered against the petitioners and one Lakshit Kumar at the Police Station Mahila Thana, District Sri Ganganagar and investigation was commenced. The Investigating Officer did not find the allegation for the offence punishable under Sec. 354 IPC substantiated and a chargesheet was filed against the petitioners for the offences under Ss. 498A and 406 IPC. The trial court framed charges against the petitioners for these very offences by the order dtd. 2/2/2019, which was unsuccessfully challenged by filing a revision, which was dismissed vide order dtd. 5/12/2019. Both these orders are challenged in this petition under Sec. 482 Cr.P.C.