GURUBACHAN KAUR & ANOTHER Vs. STATE OF RAJASTHAN & ANOTHER
LAWS(RAJ)-2016-5-111
HIGH COURT OF RAJASTHAN
Decided on May 05,2016

Gurubachan Kaur And Another Appellant
VERSUS
State of Rajasthan and Another Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) By this Criminal Misc. Petition under section 482 CrPC, the petitioners have challenged the order dated 11.06.2012 passed by Additional Sessions Judge, Nohar, District, Hanumangarh (for short 'the revisional court' hereinafter) in Cr.Revision Petition No.54/2011 preferred on behalf of the petitioners and one Satnam Singh, whereby the revisional court has dismissed the said revision petition. In the said revision petition, the petitioners had challenged the order dated 11.07.2011 passed by the Judicial Magistrate, First Class, Rawatsar, District Hanumangarh (for short 'the trial court' hereinafter) in Case No.78/2010, whereby the trial court ordered for taking cognizance against the petitioners along with Satvindra Singh for the offences punishable under sections 498-A, 406 and 323 IPC.
(2.) Brief facts, necessary for disposal of this criminal misc. petition, are that respondent No.2 filed a complaint before the trial court on 15.02.2010, inter alia, alleging therein that her marriage was solemnized with Sativindra Singh, resident of Manko, Tehsil Adampur, District Jalandhar, Punjab on 08.03.1991 as per Sikh Rituals at Rawatsar. It is alleged by the complainant that in the said marriage, dowry was given by her father and immediately after the marriage, she started living at Rawatsar with the family of the maternal uncle of Satvindra Singh. It was alleged that from the day one of the marriage, the accused-persons were not happy with her and used to taunt her on account of less dowry given by her father and started harassing her. After a year, the complainant and her husband started living at village Manko in Punjab, however, the uncle and aunt of the husband of the complainant used to visit Manko and instigate her husband to extract money from the father of the complainant for the purpose of constructing a house. It is further alleged that whenever the complainant raised objection about the behaviour of uncle, aunt and cousin of her husband, they used to beat her. She has also alleged that from the loin of Satvindra Singh two children, one male and one female born and at the time of birth of issues, her father gave dowry but the accused-persons were not satisfied with that and continuously harassed her. She has further alleged that her husband asked her to bring Rs.3,00,000/- from her father but when she refused to it, he told her that he would not keep her with him. It is further alleged that about 20 days back, the husband of the complainant took her to Rawatsar and left her there and when she asked him that he should accompany to her father, then her husband became angry and after beating her, ran away from there. She has further alleged that about 10 days before, her father took her to Manko and requested her husband to keep her with him but he demanded Rs.3,00,000/-, therefore, her father returned back. She has prayed that the accused-persons have committed the offences punishable under sections 498-A, 406, 323 IPC, therefore, the action be taken against them.
(3.) The said complaint was sent by the trial court to the Police Station, Rawatsar and FIR No.91/2010 was registered against the petitioner and two other persons viz. Satvindra Singh and Satnam Singh.;


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