ORIENTAL INSURANCE COMPANY LIMITED Vs. AMINABAI SIDHIK
LAWS(GJH)-2016-3-323
HIGH COURT OF GUJARAT
Decided on March 08,2016

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Aminabai Sidhik Respondents

JUDGEMENT

RAVI NATH VERMA,J. - (1.) The solitary question, which falls for determination in the instant revision application, is as to whether the cognizance for the offence taken under section 498A/34 IPC and under Section 3/4 of Dowry Prohibition Act can be allowed to be compounded under Section 320 of the Code of Criminal Procedure (hereinafter referred to as "the Code") and the petitioners can be discharged ?
(2.) The details of the facts is not required to be reproduced here rather a brief statement of fact would suffice the matter. At the instance of the informant Reshma Nahid, Sindri P.S. Case no. 37 of 2013 was instituted for the offence under Section 498A/34 IPC and under Section 3/4 of Dowry Prohibition Act on the allegation that on 04.11.2012, she was married with petitioner no. 1, Shahab Ahmed Khan @ Shabad Khan according to Muslim rites and custom and Rs. 1,95,000/- cash along with other articles were given as dowry. At the time of rukhshati, her husband and in-laws demanded a Honda City Car and she went to her matrimonial house but due to non-fulfilment of their demand, she was subjected to physical and mental torture. On 08.11.2012, when she was going to Sindri i.e. her father's house along with her husband, she was threatened by her in-laws and husband to bring the aforesaid vehicle from her father, otherwise she would not be allowed to enter into her matrimonial house. When on 26.11.2012, she returned to her matrimonial house, she was again subjected to physical and mental torture and on 06.01.2013, her Stridhan and ornaments worth Rs. 4,00,000/- were snatched by her in-laws and they took her signature on blank paper and dropped her again to Sindri and they fled away. Her father tried to intervene into the matter but it all went in vain.
(3.) It appears from the record that the court of Judicial Magistrate after examining the complainant and other witnesses, took cognizance of the offence. At the time of framing of charge, the accused petitioners filed a petition for their discharge but the same was rejected by the court below vide order dated 08.12.2014. Where after the petitioner preferred this revision.;


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