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2017 Supreme(Online)(P&H) 228

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



(cid:1)(cid:2)(cid:1)

(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:5)(cid:7)(cid:3)(cid:9)(cid:7)(cid:5)(cid:10)(cid:11)(cid:12)(cid:13)(cid:6)(cid:5)(cid:11)(cid:14)(cid:5)(cid:15)(cid:12)(cid:4)(cid:16)(cid:17)(cid:18)(cid:5)(cid:17)(cid:4)(cid:19)(cid:5)(cid:7)(cid:17)(cid:13)(cid:20)(cid:17)(cid:4)(cid:17)(cid:5)(cid:17)(cid:6)

(cid:10)(cid:7)(cid:17)(cid:4)(cid:19)(cid:3)(cid:9)(cid:17)(cid:13)(cid:7)

CRR(cid:3)4546(cid:3)2017 (O&M)

Date of decision: 03.09.2025 Karamjit Kaur ...Petitioner Versus Jagtar Singh alias Bhola and others ...Respondents (cid:10)(cid:11)(cid:13)(cid:17)(cid:21)(cid:22)(cid:5)(cid:7)(cid:11)(cid:4)(cid:23)(cid:18)(cid:24)(cid:8)(cid:5)(cid:21)ti(cid:26)(cid:5)(cid:16)(cid:12)ti(cid:6)(cid:3)(cid:10)(cid:8)(cid:5)(cid:27)(cid:3)(cid:13)(cid:6)(cid:3)(cid:5)ti(cid:3)(cid:4)(cid:9)(cid:7)

Present: Ms. Mansi Bansal, Advocate for the petitioner.

Mr. Vikram Satpal Anand, Advocate for respondent Nos.1 to 3.

****

(cid:27)(cid:3)(cid:13)(cid:6)(cid:3)(cid:5)ti(cid:3)(cid:4)(cid:9)(cid:7)(cid:28)(cid:5)(cid:16)(cid:26)(cid:5)(cid:29)(cid:11)(cid:13)(cid:17)(cid:24)(cid:30)

1. The instant revision petition has been filed for challenging the impugned judgment dated 07.09.2017, passed by the learned Additional Sessions Judge, Moga in appeal against judgment dated 25.03.2016, passed by the learned Sub Divisional Judicial Magistrate, Baghapurana, whereby the accused persons were acquitted of the charges framed against them under Sections 406, 498(cid:3)A and 120(cid:3)B of IPC in case FIR No.131 dated

09.07.2009, registered at Police Station Baghapurana, District Moga.

2. Shorn of details, the facts of the case are that the marriage of petitioner/complainant was solemnized with accused(cid:3)respondent No.1 on 29.11.2001. Purportedly, the father of the petitioner had given sufficient dowry articles as per his status at the time of marriage, yet, shortly after, the in(cid:3)law’s family of the petitioner started demanding harassing and beating the ITHLESH KUMAR petitioner for the sake of more dowry and left the petitioner at her parental house. A compromise, with the intervention of DSP Kashmir Kaur, Women Cell, Baghapurana through village panchayat, was effected and the petitioner moved back to her matrimonial home. However, after about 1½ years, the accused started harassing the complainant again and did not even allow her to meet her parents. In the meantime, respondent No.1 filed a petition seeking divorce at Faridkot but the same was withdrawn, as the matter got compromised. Subsequently, in May 2008, respondent No.1 again filed a petition for divorce at Faridkot. Father of the petitioner filed a case in the Court against respondent No.1 and in that case, the Court concerned stayed the divorce proceedings. Thereafter, respondent No.1 changed his name from ‘Bhola Singh’ to ‘Avtar Singh’ and contracted marriage with Sarabjit Kaur on 02.03.2009. And also the mediator of their marriage even connived with her in(cid:3)law’s and misappropriated her dowry articles. A complaint was thereafter moved by the petitioner against her husband, in(cid:3)laws and the mediator leading to the registration of the aforementioned FIR. Trial commenced, and charges against the accused persons were framed under Sections 406, 498(cid:3)A and 120(cid:3)B of IPC, however, all of them were acquitted by the learned Trial Court vide judgment dated 25.03.2016. Thereafter, an appeal was preferred by the petitioner herein which was also dismissed vide order dated 07.09.2017 passed by learned Additional Sessions Judge, Moga. Aggrieved by the acquittal of the respondents, the petitioner has filed the present revision petition.

3. Learned counsel for the petitioner submits that the learned Appellate Court had erred in upholding the judgment passed by the learned ITHLESH KUMAR Sub Divisional Judicial Magistrate, Baghapurana, whereby all the accused were acquitted of the charges levelled against them. It is submitted that the petitioner had given the detail

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