NATHA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The complainant petitioner seeks to invoke the inherent jurisdiction of this Court under Sec. 482 Crimial P.C. seeking direction to quash the order of the learned Judicial Magistrate, Sri Vijaynagar dated 20.10.1997 discharging the accused respondents of offence u/ss 406 and 498-A IPC. The order has been confirmed by the order of the learned Additional Sessions Judge, Raisinghnagar dated 8.2.1999.

(2.) Briefly Stated the facts of the case are that petitioner herein submitted a typed F.I.R. at Police Station, Sri Ganganagar on 9.2.1993 stating inter alia that his daughter Baiveer Kaur was married to Paramveer Singh sib Herchand Singh r/o Suratgarh on 12.12.1990. As per the demand of Paramveer Singh, his father Herchand Singh and mother Nirmal Kaur, dowry was given in the marriage. Further demands were made even after the marriage on different occasions. Initially, a demand was raised for Rs. eight lacs in cash, car, gold, furniture etc. It is alleged that the dowry demand was reported by his daughter Balveer Kaur to him. About a week thereafter, he visited the matrimonial house of Baiveer Kaur with a view to settle the matter to peacefully. There, he found the father-in-iaw of Balveer Kaur viz; Herchand Singh, mother-in-law Nirmal Kaur, brother-in-law of Herchand Singh viz; Ranjeet Singh, his wife Chhavindra Kaur, Herchand s son and all his three daughters sitting in the house. He told them that he gave the dowry as per their demand and, therefore, the fresh demand of cash amounting to Rs. 8 lacs and other articles was unreasonable. However, they persisted the demand. Herchand Singh, his wife and his brother-in-law stated that from the beginning, they had raised the demand of Rs. 8 Lacs in cash. They also stated that even if they had given certain articles in dowry, they were still required to give a sum of Rs. 4 lees in cash. He promised that this demand will also be met, her daughter being blessed by a son. He left his daughter Balveer Kaur at her in-laws and returned. Subsequently, he heard that she was being taunted and tortured by all the accused persons. When his son lqbal Singh went to see Balveer Kaur, she was found lying unconscious in a room. It is further alleged that Paramveer Singh at the instance of his father and mother under the threat of a pistol got signatures from Balveer Kaur on certain blank papers. After sometime, Balveer Kaur was turned out of the house. For sometime Paramveer Singh and Balveer Kaur stayed in Sri Ganganagar in a rented house. Thereafter, they shifted to the house of his aunt in Sri Ganganagar. Still, Balveer Kaur was being harassed by their relatives at the instance of Herchand Singh. Lastly, in Sept., 1991 he went to see his daughter along with his son Danger Singh and intervener viz; Baldev Singh. They were insulted and humiliated. He returned to the house with Balveer Kaur. He again visited the house on the occasion of death of grand son of Herchand Singh. They asked Herchand Singh to accept Balveer Kaur but their request was turned down. After sometime, they came to know that Paramveer Singh has left for abroad. He was told that Paramveer Singh would return within 2-3 months. It is alleged that Paramveer Singh has settled in America and he has no intention to accept Balveer Kaur. On this information, police registered a case against Paramveer Singh, Herchand Singh and Nirmal Kaur to the offence u/ss 406 and 498-A IPC. The learned Magistrate by the impugned order dated 20.10.1997 has discharged all the accused persons except Paramveer Singh, Herchand Singh and Nirmal Kaur.

(3.) The order of discharge was challenged by the State as well as the by the complainant before the learned Sessions Judge, Sri Ganganagar. Both the revision petitions have been dismissed by the order dated 8.2.1999 by the earned Additional Sessions Judge, Raisinghnagar.