KISHORE KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition filed under Section 482, Cr. P.C. has been directed against the order dated 11-12-1995 passed by the learned Addl. Civil Judge and Judicial Magistrate No. 4, Jodhpur, whereby he did not accept the final report submitted by the Investigating Officer and took cognizance of the offence under Section 498A, IPC against the accused petitioners and issued bailable warrants against them.

(2.) It appears that non-petitioner Smt. Rajni alias Ganga filed a criminal complaint dated 18-11-1994 with the averments that she was married to petitioner Kishore Kumar on 22-7-1992 as per Hindu rites: that after two months of their marriage petitioner Kishore Kumar went away to Dubai and thereafter her mother-in-law Smt. Dropdi, aunt-in-law Smt. Lata (Mausi) and maternal uncle-in-law Khemdas subjected her to cruelty and made a demand from her for Rs. 20,000/- diamonds and other articles. That on 1-4-1993 her husband came from Dubai and she went to Dubai with him where she stayed till Dec. 1993 and there also her husband Kishore Kumar also harassed and subjected her to cruelty.

(3.) The said complaint was sent under Section 156(3), Cr. P.C. by the learned Magistrate to SHO P.S. Sardarpura, who registered the case and after investigation submitted a final report on the ground that non-petitioner Smt. Rajni has submitted a letter (Ex.P3) to the effect that since her husband had sent notice for divorce to her, she got enraged and filed the said criminal complaint and that she did not want to pursue the same. The investigating officer also mentioned in the final report that a Sindhi Panchayat took place on 28-10-1994, wherein both the parties have compromised the matter. The learned Magistrate, however, did not accept the final report and on the basis of statements of witnesses recorded under Section 161; Cr. P.C. took cognizance for the offence under Section 498A, IPC against the petitioner. Hence this petition.