SANDEEP MEHTA,J. - (1.) By way of this petition under section 482 CrPC, 1973 the petitioner herein has approached this court for challenging the order dated 04.04.2016 passed by learned Judicial Magistrate No.3, Bikaner in connection with FIR No.34/2014 registered at Mahila Police Station Bikaner taking cognizance against him for the offences under Sections 498-A and 406 of the IPC as affirmed by the order dated 19.12.2016 passed by the learned Additional Sessions Judge, (Women Atrocities Cases), Bikaner in revision.
(2.) Facts in brief are that the respondent complainant submitted an FIR at the Mahila Police Station, Bikaner on 14.12.2014 alleging inter alia that she was married to the present petitioner on 12.05.1998 in Village Patti Khurd, Tehsil Bamanwas, District Sawaimadhopur with Hindu rites and ceremonies. A son was born from the wedlock of the petitioner and the complainant, who is under the complainant's guardianship. The complainant alleged that right after her marriage, the petitioner and his family members started harassing and humiliating her on account of demand of dowry in form of cash and other valuables. In the year 2006, the petitioner thrashed the complainant and turned her out of the matrimonial home while retaining all her Stridhan articles. Upon this, the complainant was forced to live with her father at Delhi. The complainant's father tried to mediate and resolve the disputes which had arisen between the spouses, but his efforts proved futile. Citing the reason of inability to maintain herself and her son, the complainant filed an application under section 125 of the CrPC, 1973 in competent court at Delhi and by way of counter-blast, the petitioner Suresh Kumar allegedly filed numerous false cases against the complainant and her father at Rajasthan. The complainant came to know that the petitioner had contracted a second marriage with a widow named Anita Meena, resident of Bikaner. On coming to know of all these facts, she went to Bikaner and tried to enter the matrimonial home. However, her husband, the present petitioner, misbehaved with the complainant and threatened that she would not be allowed to step into the matrimonial home unless she brought a Skoda car and a huge cash amount from her father and until she withdrew the cases filed by her. On 13.12.2014, the complainant, her son Dhimant and her parents went to the office of the petitioner and tried to appease him, but the petitioner bluntly repelled their endeavour stating that his parents and his second wife were not agreeable to the proposal of their staying together and that in case, a sum of Rs. 5 lacs and a Skoda car were given to him, he could consider keeping the complainant and her son in the Village Bamanwas. However, he bluntly stated that only his second wife would reside with him. The complainant demanded return of her Stridhan artilces, but the petitioner Suresh Kumar outrightly refused.
(3.) On the basis of this report, an FIR No.34/2014 came to be registered against the petitioner for the offences under Section 498, 406, 323 and 494 of the IPC at the Mahila Police Station, Bikaner. The Investigating Officer, while conducting investigation collected copies of the documents pertaining to numerous litigation pending inter se between the parties and upon a critical analysis thereof, it came to light that the complainant Shivangi was drawing a sum of Rs. 11,000/- per month from the petitioner as maintenance under the order passed by the competent court at Delhi under section 125 CrPC, 1973 and the petitioner was regularly making payment of the said maintenance amount. The accused petitioner had filed an application in the court of Civil Judge, Bamanwas for restitution of conjugal rights way back in the year 2007, however, the complainant filed an application in the Supreme Court and got the matter transferred to Delhi. The matrimonial rift was carried to the Meena community Panchayat, Bamanwas in the year 2011 at the petitioner's instance and the Panchayat customarily dissolved the marriage of the complainant and the petitioner by a resolution dated 27.02.2011. The petitioner filed a suit for declaration in the Court of learned Civil Judge, Bamanwas praying that the marriage between the petitioner and the complainant may be declared as null and void in view of the Panchayat resolution/decision dated 27.02.2011. The said suit was contested by the complainant and the civil court decreed the suit on 10.11.2016. A copy of the judgment as well as the decree has been filed on record of this miscellaneous petition by the petitioner.;