NIRMALA Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) Heard learned Counsel for both the parties and gone through the order under assail as well the other material as made available to this Court.

(2.) Bereft of elaborate details, succinctly stating the facts of the case are that the marriage of the complainant got solemnized with one Ashok Kumar as per the Hindu rituals on 15/11/2012 at Sri Ganganagar. It is reflecting that soon after the marriage, a serious discord has erupted in between the spouse which went to this extent that the parties had separated themselves and the complainant started residing with her parents. She initiated a criminal prosecution for accusation under Ss. 498A and 323 of IPC. After conducting thorough investigation, the police found the offence under Ss. 498A and 323 proved against the accused Ashok Kumar only with the specific finding that no offence under Sec. 406 of IPC was made out as well as with the categorical finding that the other accused persons, named in the complaint were not involved in commission of alleged crime. Accordingly, a charge-sheet under Ss. 498A and 323 of IPC got submitted only against the accused Ashok Kumar. At this juncture, the complainant moved an application under Sec. 190 of the Cr.P.C. for arraigning the petitioners also as an accused. The said application has been allowed vide order dtd. 4/9/2013. A revision petition has been filed against the said order has also been dismissed vide order dtd. 19/2/2014 passed by learned Additional Session Judge No. 1, Sri Ganganagar in criminal revision No. 64/2013. Both the orders are under assail before this Court.

(3.) What is emanated from the record that several witnesses are there who were examined by the police during investigation; and have stated that the complainant cohabitated with her husband at her matrimonial home for 2 to 3 days only and whereafter she left her matrimonial home. They do not show any involvement of the petitioners.