PARVEEN KUMAR Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the Public Prosecutor and the learned counsel for non-petitioner No. 2.

(2.) By this petition under Section 482, Cr. P.C. the petitioner has challenged the order dated 1st October, 91 by which the learned Munsiff and Judicial Magistrate, Karanpur took cognizance of the offence under Section 406, IPC on the basis of the final report submitted by the police in connection with FIR No. 34/90 of Police Station, Sri Keshrisinghpur.

(3.) A perusal of the record of the lower Court shows that on 20th March, 90 non-petitioner No. 2 Smt. Parveen alias Pooran Lata filed a complaint before the learned Munsiff and Judicial Magistrate, Karanpur against three persons, namely, Praveen Kumar (petitioner), Bal Kishan and Swaran Lata alleging the commission of offences under Sections 490-A and 406, IPC. According to the averments made in the complaint filed by the non-petitioner No. 2, the marriage of non-petitioner No. 2 with the petitioner Praveen Kumar was solemnized on 29th January, 1984 at village Keshrisinghpur. After her marriage the non-petitioner No. 2 went to the house of the petitioner, lived with him as his wife and gave birth to two sons Sonu and Gangandeep. For few years after the marriage, the non-petitioner No. 2 was given a proper treatment, but later on demands were made from her for bringing a television from her father's house. The non-petitioner No. 2 was turned out of the house by the petitioner about two months before the birth of her second son. It was also alleged in the complaint that the father as well as the maternal uncle of non-petitioner No. 2 went to the house of the petitioner and persuaded him to give proper treatment to the non-petitioner No. 2. The petitioner, according to allegations made in the complaint did not make any improvement in his behaviour towards the non-petitioner No. 2. He continued to beat her along with Bal Kishan and Swaran Lata. The non-petitioner No. 2 was not given food and she was subjected to such cruel treatment as might have been induced her to commit suicide. It was also stated in the complaint that at the time of marriage some golden ornaments and household goods were given to the non-petitioner No. 2 as gift and they were entrusted to the petitioner and her father and mother. It was also alleged that the petitioner as well as in-laws of the non-petitioner No. 2 failed to return the goods, which were in their custody. A prayer was made by the non-petitioner No. 2 in her complaint that action should be initiated against Praveen Kumar, Bal Kishan and Swaran Lata for having committed the offence under Section 498-A, IPC.