IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

219 CRR-2754-2018 (O&M)

Date of Decision: 03.11.2025 Savita ...Petitioner Versus Ravinder Kumar and others ...Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. K. P. Singh, Advocate, for the petitioner.

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KIRTI SINGH, J. (Oral)

CRM-29179-2018 This criminal miscellaneous application has been filed for condonation of delay of 03 days in filing the present revision petition.

In view of the averments made in the application, the application is allowed and the delay of 03 days in filing the present revision petition is condoned.

Main case

1. The present revision petition has been filed for challenging the judgment dated 05.12.2017 passed by the learned Addl. Sessions Judge, Palwal, whereby the acquittal of the respondents in FIR No. 539 dated 13.12.2011, registered under Sections 323, 406, 498-A and 34 IPC at Police Station Camp Palwal, was upheld, affirming the judgment dated 18.11.2016 passed by the learned Judicial Magistrate 1^st Class, Palwal, whereby the respondents were acquitted.

2. Shorn of details, the facts of the case are that the instant FIR was lodged on the statement of the petitioner/complainant, stating therein that her marriage was solemnized with accused-respondent No.1 on 29.11.2008 according to Hindu rites and rituals. It was alleged that shortly thereafter, the respondents i.e., the husband and in-laws, who were not satisfied with the dowry articles entrusted to them, started threatening and harassing her and started pressuring her to bring more dowry. A demand of one Tata Safari Car and Rs.5 lacs was also raised. When the petitioner expressed her helplessness, all the accused assaulted her and gave beatings. It was further averred that the petitioner was even ousted from her matrimonial home, but later rehabilitated upon the convening of Panchayat. Furthermore, the petitioner gave birth to one male child in her parental home since she had again been ousted from her matrimonial home, who was born with some defects purportedly due to fist and kick blows given to her at the time of her seven months pregnancy. After concluding investigation in the case, challan was presented before the learned trial Court. The learned trial Court vide order dated 18.11.2016, acquitted all of the respondents. Thereafter, an appeal was preferred by the petitioner, which was dismissed vide order dated 05.12.2017 passed by learned Additional Sessions Judge, Palwal. 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 of acquittal passed by the learned Judicial Magistrate Ist Class, Palwal, whereby the accused persons/respondents were acquitted of the charges. The prosecution had successfully established that the complainant/petitioner was subjected to cruelty on account of dowry demands of car and Rs.5,00,000/-, and that fact of dowry articles having been entrusted to the respondents also stood proved on record. The petitioner had furnished a detailed account of the cruelty and multiple instances of being ousted from her matrimonial home, which she reiterated on oath and which stood corroborated by PW-4, PW-5 and PW-6. Yet the accused persons were wrongly acquitted by the learned trial Court, which judgment was then upheld by the impugned order dated 05.12.2017.

4. Having heard the learned counsel for the petitioner and after perusing the record with his able assistance, this Court finds no force in the arguments advanced by learned counsel for the petitioner. The present petition is decided in limine in order to save litigation cost of the respondents and also to save the judicial time of the Court.

5. After having heard the case and upon perusal of the record, this Court finds no ground to interfere with the well-reasoned judgments of the Courts below. The trial Court, on a proper appreciation of evidence, rec