High Court of Punjab and HaryanaCRM-M/41566/2015dismissed

Sarabjeeet Kaur v. Gurjant Singh & ORS

2016-07-22Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-41566 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-41566 of 2015 Date of decision : 22.07.2016 Sarabjeet Kaur ....Petitioner versus Gurjant Singh and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. A.K. Khunger, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) This petition is for setting aside of order dated 26.05.2015 and order dated 15.09.2015.

Brief facts of the case are that the petitioner filed the complaint against the accused/respondents on the allegations that she solemnized the marriage with Manpreet Singh on 10.12.2010. A daughter was born out of this wedlock. After marriage, the accused started beating the complainant on account of bringing less dowry and was thrown out of her matrimonial house. The panchayats were also convened but the accused persons did not stop from their acts. However, the trial Court only summoned Manpreet Singh-husband of the petitioner. The revision petition filed by the petitioner was also dismissed. The learned trial Court relied upon the report of the police under Section 202 Cr.P.

C a detail enquiry was conducted by the police in the present case and the police reach to the conclusion that the dispute is only between the complainant and her husband. It has further been observed that Manpreet Singh is working in CRPF as constable and is unable to take the petitioner along with him due to nonavailability of residential accommodation in the State of Jammu and Kashmir. GAURAV ARORA 2016.07.

Crl. Misc. No. M-41566 of 2015 -2Further the articles given to accused are gift items apparently. Reference has been made to a cae of G.V. Rao v. L.H.V Prasad and others, 2000(2) RCR (Criminal) 290 wherein it has been held that the High Court should have quashed the complaint arising out of a matrimonial dispute wherein all family members had been roped in to the matrimonial litigation.

Since initial report under Section 202 Cr.P.C reflects that the articles given to the accused were gift items apparently, therefore, no case for interfering in the orders dated 26.05.2015 and 15.09.2015 is made out. The petition stands dismissed.

22.07.2016 (RITU BAHRI) G Arora JUDGE GAURAV ARORA 2016.07.29 14:10 I attest to the accuracy and integrity of this document