Hon'ble MEHTA, J.—The instant misc. petition has been filed by the petitioners challenging the order dated 29.10.2009 passed by the learned Judicial Magistrate No. 2, Jodhpur in Case No. 19/09 whereby the learned Magistrate has taken cognizance against the petitioners for the offences under Sections 498A and 406 of the IPC.

2. The facts of the case are that the petitioner No. 1 Kamlesh Negi and Smt. Hema Negi respondent No. 2 herein were married on 14.4.1994 at Noida. After the marriage, the complainant stayed for some time with the accused at the government residence of the accused No. 4 namely Jagmohan Singh Negi. The complainant has alleged that she was never taken to the ancestral home of the accused at Kanpur. She further alleged that the total dominance in the house was that of Jagmohan and Smt. Kamla the uncle and aunt of the petitioner No. 1. The complainant further alleged that despite the fact that her horoscope did not match with the petitioner Kamlesh, the accused No. 3 Kamla Negi fraudulently got the horoscope match because the accused No. 1 was unemployed at that time. The accused party were eager to marry the accused No. 1 Kamlesh Negi with the complainant as they had a greedy eye on the wealth of the complainant's father. The complainant alleged that even before the marriage, the accused pressurized her parents that they should cooperate with Kamlesh Negi for establishing a gas agency and a petrol pump. The complainant further alleged that the auspicious day recommended for the marriage was 13th April 1994 but, as the birthday of the petitioner No. 2 Smt. Kamla fell on 14th April, the marriage was shifted to the said date. The complainant further alleged that after her marriage with the petitioner No. 1 Kamlesh, she was treated with extreme cruelty by her husband on the instigation of her uncle-in-law, aunt-in-law and mother-in-law. All the accused used to harass her on count of demand of dowry and used to taunt her frequently. She was asked to bring a sum of Rs. 5 lacs from her father so that gas agency and petrol pump could be set up for the accused Kamlesh. The complainant alleged that ultimately when the harassment exceeded all the limits, she called her father over phone and requested him to come down to her matrimonial home. Her parents came to Noida and tried for a settlement but the accused did not pay any heed to their efforts and instead, continued the harassment of the complainant. The complainant further alleged that all through the period, she remained with her husband, he never took for any outing but rather, used to take the petitioner No. 2 Smt. Kamla out with him. She further alleged that her aunt-in-law Smt. Kamla herein did not desire that the complainant should bear a child and the uncle-in-law Sh. Jagmohan also cooperated in the said evil design of Smt. Kamla. The complainant also alleged in her complaint that her father retired as a Chief Engineer from the ONGC at Jodhpur and that he spent a sum of Rs. 15 lacs in the marriage and showered the house of the accused with gifts and dowry articles. Ultimately she has alleged that after 4-5 months of the marriage, i.e. in September 1994 the cruelty of the accused exceeded all limits and the complainant was assaulted in relation to the demand of Rs. 3 lacs and when the complainant did not accede to the illegal demands of the accused, she was turned out of the house in the clothes, which she was wearing. The complainant reached the house of her sister, who lives at Delhi and told her of the misfortune, which had befallen her. The complainant's parents and other relatives tried to make the accused understand but they did not relent to the requests. The complainant further alleged that after being turned out of the matrimonial home, she was living at her father's house. She was forced to file an application for maintenance in the Family Court Jodhpur in 1996 on which the accused came to Jodhpur and agreed to take the complainant back in matrimony onl

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