DALJEET SINGH SALUJA Vs. STATE OF RAJ

JUDGEMENT

(1.) Heard learned counsel for the accused-petitioner as also learned counsel for the complainant-respondent No.2 and learned Public Prosecutor for the State.

(2.) This misc. petition has been preferred with a prayer to quash and set-aside the order dated 06.02.2017 passed by learned Additional Chief Judicial Magistrate No.18, Jaipur Metropolitan, Jaipur, whereby he proceeded to frame charge for the offence under Sections 498A and 406 IPC against the accused-petitioner. On preferring a criminal revision against the said order, it also came to be rejected vide order dated 14.07.2017 passed by the learned Additional Sessions Judge Women Atrocities Cases No.1, Jaipur Metropolitan, Jaipur. Prayer has been made to quash and set-aside the said order dated 14.07.2017 also.

(3.) Facts in brief, relevant for consideration of this misc. petition are that FIR No.55/2014 came to be registered on the basis of complaint filed by Smt. Dharamveer Kaur against her husband Daljeet Singh and other family members of husband, wherein it was stated inter-alia that after getting divorce from her first husband in the year 2009, complainant remarried to Daljeet Singh on 03.08.2013. Amount of Rs.10 lakhs, silver & gold ornaments and other items as per list enclosed were given in the dowry by the parents of the complainant. But just after some time of marriage, accused-persons started treating the complainant with cruelty to pursue the demand of dowry. They harassed her, did not give her proper food, did not get her treated on falling ill and started teasing and taunting her for less quantity of dowry. Demand for Rs.10 lakhs in cash and a car was raised by them to let her stay peacefully her in-laws' house. It has further been stated that all the accused-persons raised their demand of dowry after coming to the house of father of complainant situated at Jaipur. When she was driven out of the house after being beaten, she reached her parents house at Jaipur. Accused even reached there for demand of dowry. All the dowry articles given to her at the time of marriage including ornaments, are in possession of the accused-persons.