Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner with a prayer for setting aside the order dated 01.06.2012 passed by Additional Sessions Judge (Fast Track) No. 2, Bikaner (for short 'the revisional court' hereinafter) in Cr. Revision Petition No. 123/2011 filed by the petitioner, whereby the revisional court has dismissed the said revision petition. The said revision petition was filed by the petitioner while challenging the order dated 17.02.2009 passed by Judicial Magistrate No. 3, Bikaner (for short 'the trial court' hereinafter), whereby the trial court, while taking into consideration the Final Report No. 23/2003 and the protest petition filed on behalf of respondent No. 2, has ordered for taking cognizance against the petitioner for the offence punishable under section 498 -A IPC.
(2.) BRIEF facts of the case are that respondent No. 2 had filed a complaint in the Court of Chief Judicial Magistrate, Bikaner on 26.05.2001 alleging offences punishable under sections 498 -A and 406 IPC against the petitioner and her father -in -law, mother -in -law, brother -in -law, his wife, sisters and their husbands and brother and sister -in -law of her mother -in -law. The said complaint was forwarded to the police by the concerned court under section 156(3) Cr.P.C. for investigation and the police has registered the FIR No. 33/2001 dated 01.06.2001 at Mahila Police Station, Bikaner. The respondent No. 2 in the FIR has stated that her marriage with the petitioner was solemnized on 27.04.1996 at Bikaner. She has alleged that the petitioner started abusing and beating her and the remaining accused used derogative language and used to say that her father and mother did not give anything to him. It is alleged that two years ago, in an evening, the accused -persons gave beating to her, snatched her hairs, tore her cloths and abused her. She has further alleged that they demanded Rs. 5,00,000/ - as dowry and, therefore, she is forced to file this complaint. The police started investigation on the complaint filed by the respondent No. 2.
(3.) IT is noticed that on 26.05.2001 itself, the respondent No. 2 had filed an application under section 13 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955' hereinafter) before the District Judge, Bikaner seeking divorce from the petitioner on the ground of cruelty and desertion. In the application under section 13 of the Act of 1955, the respondent No. 2 had alleged that the petitioner and his family members are demanding dowry and are also assaulting and abusing her for not bringing more dowry. It is further alleged that in April, 1999, she was thrown out of her in -laws house and at present she is residing at her father's house in Bikaner.;