SANDEEP MEHTA - (1.) THE present misc. petition has been filed by the petitioner -complainant challenging the order dated 21.03.2009 passed by the learned Addl. Sessions Judge, No. 2, Sri Ganganagar in Criminal Revision Petition No. 13/2009, whereby, he whilst partly setting aside the order dated 08.07.2008 passed by the learned Chief Judicial Magistrate, Sri Gangangar in Criminal Original Case No. 222/2004 has quashed the charge for offence under Section 406 IPC directed to be framed against the respondents Nos. 2 to 4.
(2.) Briefly stated the facts necessary for the disposal of the misc. petition are that the petitioner herein has filed a complaint against the respondents Nos. 2 to 4 on 26.10.2002 with the allegations that she was married with the respondent No. 2 on 08.12.1997 and that substantial dowry was given in the marriage. It has further been alleged that after she went to her matrimonial home, the respondents Nos. 2 to 4 continuously tortured and beat her for the demand of dowry and thereafter turned her out from the house. On which, a Panchayat has to be called, but the respondents Nos. 2 to 4 refused to keep the petitioner in their house. It has also been alleged that the 'stridhan' articles of the petitioner -complainant were retained by the accused persons and were not returned back to her despite a request being made in this regard. The complaint was forwarded to the police for investigation under Section 156(3) Cr.P.C. and a FIR was registered. During the course of investigation, the police recorded the statements of the witnesses and while investigation was pending, the petitioner and her father gave an application to the Investigating Officer dated 03.12.2002, as per which, the case had been filed by her under some misapprehension and that her dowry articles have already been received back by her. Based on the said application, the police proposed a FR in the matter. The complainant was not agreeable to the FR and submitted a protest petition, which was treated as a complaint. The statements of the complainant and her father were recorded in support of the complaint and thereafter the learned Magistrate proceeded to take cognizance against the respondents Nos. 2 to 4 for the offences under Sections 406 and 498A IPC and thereafter the respondents Nos. 2 to 4 were charged for the offences under Sections 406 and 498A IPC.
(3.) A revision was preferred by the respondents Nos. 2 to 4 and the learned revisional court i.e. the learned Addl. Sessions Judge, No. 2, Sri Ganganagar whilst upholding the order of framing charge for the offence under Section 498A IPC has quashed the charge for the offence under Section 406 IPC directed to be framed against the respondents Nos. 2 to 4. Hence the complainant has approached this Court being aggrieved by the discharge of the respondents Nos. 2 to 4 from the offence under Section 406 IPC and the respondents Nos. 2 to 4 have approached this Court by way of filing a misc. petition being S.B. Criminal Misc. Petition No. 816/2009 seeking quashing of the charge framed against them for the offence under Section 498A IPC.;