MAHESHPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal miscellaneous petition under Section 482 CrPC has been filed by the petitioner Maheshpal for assailing the order dated 13.09.2012 passed by the Chief Judicial Magistrate, Sri Ganganagar in Criminal Case No.507/2011, whereby charges were framed against the petitioner for the offences under Section 498-A and 406 IPC, so also the order dated 12.06.2015 passed by the Additional Sessions Judge No.1, Sri Ganganagar, whereby the revision preferred by petitioner for assailing the order framing charges was rejected.

(2.) I have heard and considered the submissions advanced by the learned counsel for the petitioner and the learned counsel representing the complainant and have gone through the impugned orders as well as the documents placed on record.

(3.) As per the FIR and the statement of the respondent No.2 complainant recorded by the Investigating Officer under Section 161 CrPC, it comes out that the marriage of the complainant was solemnized with Charanjeet Sharma, resident of Padampur, way back in the year 1991. She has two children from the wedlock. She alleged that she started living with her husband at Setiya Colony about 8 months after her marriage. Her motherin-law Shanti Devi used to live with them. All her Stridhan articles were taken away by her mother-in-law on the pretext that she would keep them secure and safe. She alleged that thereafter, her brother-in-law Maheshpal (the petitioner herein) took her mother-in-law to Padampur and conspired with her to usurp all the Stridhan articles of the complainant. She demanded her ornaments from her mother-in-law and the present petitioner, who insisted that they should be given Rs.1,00,000/-, if she wanted the ornaments to be returned. She stated that when she expressed her inability to make arrangement of an amount of Rs.1,00,000/-, she was beaten by her mother-in-law and her brother-in-law Maheshpal, the petitioner herein. She was harassed and humiliated by both the accused, who bluntly refused to return her Stridhan articles and in this manner, they committed the offences alleged.