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2017 Supreme(HP) 1037

DHARAM CHAND CHAUDHARY
Sheetal Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vijay Bir Singh
For the Respondents: Mr. M.A. Khan, Mr. Pramod Thakur

JUDGMENT :

Accused-petitioner Sheetal Kumar and complainant-respondent No.2 Jyoti Bala, previously were husband & wife in relation. On account of strained relations, they have now dissolved their marriage vide decree of divorce with mutual consent, which is Annexure P-2 to this petition. It is during the course of proceedings complainant-respondent No.2 initiated against the accused-petitioner under the provision of Protection of Women from Domestic Violence Act, he uttered obscene language against her and allegedly criminally intimidated her in open Court. Learned Judicial Magistrate, Indora, on taking note of such language allegedly used by the accused-petitioner against the complainant-respondent No.2, recorded her statement and it was forwarded to Police Station, Indora, District Kangra, for registration of a case against the accused under Section 294, 504 & 506 of the Indian Penal Code. Consequently, FIR No.24 of 2013, dated 01.02.2013, came to be registered against the accused-petitioner.

2. On completion of the investigation, Challan against the accused-petitioner has been filed and even the prosecution evidence also stands recorded. The case is presently at the stage of recor








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