Mandhata Singh, J.:- Complaint case, in brief , is that complainant Sheela Devi was married with Bindeshwari Giri @ Raju on 19.2.1993 according to Hindu Customs and Rites. Her second marriage was also performed. Several gifts were given but one Hero Honda motorcycle and colour TV was demanded from the very beginning and due to its non-fulfilment in-law’s family members started torturing the complainant. Ultimately ousted from the matrimonial house.

2. Three witnesses are examined. They are Hari Shankar Giri, father of the complainant, Ashok Kumar Giri, brother of the complainant and Om Prakash Bharti, a relative of the complainant. All the witnesses have corroborated the complainant’s case as stated in the complaint petition. But complaint petition is dismissed on two grounds. First, there was delay of six months from the alleged date of occurrence and that also after filing of divorce case by the husband.

3. It is pertinent to mention here that enquiry witness nos.1 and 2 have stated about pendency of divorce case filed on behalf of the husband. The offence under section 498A of the Indian Penal Code arises upon recurring cause of action even desertion in certain cases can be take

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