TEK CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these revision petitions are directed against the order dtd. 29/7/2004 passed by judicial Magistrate 1st Class, Padampur (for short 'the trial court' hereinafter) in Complaint Case No. 586/02. Since both the revision petitions arise out of one and same order, with the consent of learned counsel for the parties, they are heard together and decided by this common order.

(2.) The non-petitioner No.2 Smt. Saroj in both the revisions, lodged a first information report at police station Gajsinghpur, district Sri Ganganagar being FIR No. 23 dtd. 22/3/2002 for the offences under Ss. 498-A and 406 IPC. After investigation, police filed a negative final report being FR No. 05 dtd. 31/3/2002. It appears that during the pendency of the crime report, the parties compromised the matter. The Witnesses in the FIR case did not depose against the petitioners. However,subsequently, some dispute arose between the parties and it is alleged by the complainant-non-petitioner No. 2 that she was again turned out of the matrimonial home. A protest petition was filed by non-petitioner No.2 before the trial court which was treated as a complaint. The non-petitioner No.2 appeared herself as witness and produced as many as five witnesses. The trial court by the order impugned took the cognizance of the offence against the petitioners and issued the process. Hence these revisions.

(3.) I have heard learned counsel for the petitioners and public prosecutor as also counsel for the complainant.