SUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 28/3/2005 passed by the Judicial Magistrate, Pilibanga, district Hanumangarh (for short, "the trial Court" hereinafter) in Criminal Case No. 481/2004, whereby the trial Court framed charge against the petitioners for the offence under Section 498-A, IPC. Aggrieved by the order impugned, framing charge, the petitioners have filed the instant revision.

(2.) The facts, in a nut shell, are that complainant Smt. Suman filed a complaint stating therein that her marriage was solemnized with Vaijayant Kumar on 16/7/1997 at Paniwala, tehsil and district Abohar (Punjab). However, in her statement under Section 161 of the Code, she stated that the marriage was solemnized on 16-7-1997 at village Likhmisar according to Hindu customs and rites with Vaijayant Kumar and her father gave the cash amount of Rs. 51,000.00 and other dowry articles mentioned in the report. She categorically stated that the dowry articles were entrusted to her husband and father-in-law. It has further been alleged that after one year of marriage, her husband Vaijayant Kumar, father-in-law Krishna Lal, sister-in-law Kumari Suman, Kumari Satya and Smt. Anupama (petitioners No. 1 to 3) and brother-in-law Lokpal (petitioner No. 4) started quarrelling with her on account of insufficient dowry and made a demand of Rs. 50,000/- in cash, colour television, motorcycle etc. It was further alleged that she was to deliver a child and, therefore, she came to her parental house where she gave birth to a child. For about six months, nobody came to take her and she continued to live at her parental house. However, subsequently, her father and maternal uncle brought her to in-laws house and left her there. The cruel treatment remained continued by the members "of her in-laws with her and for this, community Panchayats were held but they refused to keep her and also declined to return her articles. The said complaint was sent to the police for investigation under Section 156(3) of the Code. After investigation, the police filed Challan. The trial Court framed charges against the petitioners for the offence, under Section 498-A, IPC. Hence this revision petition. .

(3.) I have heard learned counsel for the parties. Carefully gone through the order impugned and the challan papers.