SHANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present Misc. Petition has been preferred by the petitioner aggrieved from the order dtd. 13/10/2017 passed by learned Additional Sessions Judge No.1, Jodhpur in Criminal Revision Petition No.76/2017 (Shanti Lal Vs. State and Anr.) whereby, the order dtd. 15/11/2016 taking cognizance and framing of charge under Ss. 406 and 498-A IPC passed by the learned Special Additional Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan in Criminal Case No.377/2016 was confirmed.

(2.) In nutshell the facts of the case are that on the basis of the written report submitted by complainant Smt. Alka W/o Shanti Lal, an FIR No.145/2016 was registered at the Police Station Mahila (West), Jodhpur Metro and after investigation, a charge sheet against the present petitioner was filed under Sec. 498-A and 406 IPC.

(3.) Learned counsel for the petitioner while referring Pinakin Mahipatray Rawal Vs. State of Rajasthan 2013 R.Cr.D. 587 (SC) and Mangat Ram Vs. State Of Haryana 2014 AIR SCW 2085 submitted that a simple and without dowry marriage between the petitioner and the respondent No.2 was performed on the principles of 'Arya-Samaj', but a dispute between them have arisen as respondent No.2 wanted to live separately from her inlaws whereas, the petitioner agreed to live separately in the same town wherein his old aged parents are residing. He further submits that the marriage was performed without actual exchange of gifts as no dowry articles were ever offered or handed over to the petitioner during marriage by his in-laws. He further submitted that the statements of complainant and her relatives indicate that not a single incident of cruelty was alleged against the petitioner and his family whereas everyone admitted that respondent No.2 wanted to reside separately from her in-laws.