This petition under Article 227 challenged orders for dismissing a complaint and revision in a dowry-related case. The victim denied allegations of torture, revealing a settled dispute. The Court found no illegality in the lower courts' orders.
The petition under Article 227 of the Constitution was dismissed as devoid of merit.
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Court No. - 75
Case :- MATTERS UNDER ARTICLE 227 No. - 141 of 2020
Petitioner :- Raj Pal Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
By means of this petition, the petitioner has challenged the order dated 10.07.2015 passed by Judicial Magistrate-IInd, Saharanpur in Case No. 3131 of 2014 (Raj Pal Vs. Abhisesh and others), under Sections 498-A, 467, 468, 471, 323, 506 IPC, P.S. Sadar Bazar, District Saharanpur, by which the applicant's complaint under Section 203 CrPC has been dismissed and the order dated 11.10.2019, by which the revision filed against the aforesaid order dated 10.07.2015, has also been dismissed.
The brief facts given to arise to the present matter under Article 227 of the Constitution of India is that the applicant's daughter Shalini was married to the Opposite Party No.2 Abhisesh on 21.04.2017.
After the said marriage, the Opposite Party Nos.2 to7 started making demand of additional dowry from Shalini and for the non-fulfillment of demand of additional dowry, they used to torture her, maltreat her and committed cruelty with her and as such, an FIR vide Case Crime No. 556 of 2007, under Sections 498-A, 467, 468, 471, 323, 506 IPC was lodged.
On the basis of the allegations made in the FIR, the Investigating Officer thoroughly investigated the matter and submitted the final report. On submission of the final report, a notice was sent to the applicant, who on its turn filed a protest petition.
On the basis of the said protest petition, learned Magistrate recorded the statement of the applicant Raj Pal Singh under Section 200 CrPC and as that of his witnesses under Sections 200 and 202 CrPC, however, thereafter the victim of the present case Shalini @ Shalu personally appeared before the court below and filed an application dated 06.07.2015 clearly stating therein that she is the daughter of the applicant Raj Pal Singh and was married to Abhisesh on 21.04.2017. On account of matrimonial discord, her father lodged a report against her husband and his other family members, however, now the dispute and differences between them have been settled on 16.12.2018 and her husband had taken to her Delhi, where he was employed and she started living with him and out of their wedlock, two daughters were born.
In her application, she had specifically denied that neither her husband nor her father-in-law, mother-in-law, sister-in-law and brother-in-law had beaten her nor abused her nor ever threatened her of life and she had resiled from her earlier statement and expressed her desire to live with her husband and children and further denied the fact that on 17.04.2014, she was kidnapped and does not want to pursue the criminal proceedings, as such, entire proceedings be quashed.
In support of the said contentions, the victim Shalini @ Shalu has filed her personal affidavit and an application has also been filed by the Opposite Party No.2 Abhisesh, in which, he has also reiterated that he does not want to pursue the said case, however, the complainant wants to drag the criminal case with an intention to humiliate and harass him and the both Abhisesh and Shalini have appeared before the court and prayed for dropping the said case.
Learned Magistrate, after taking into consideration these affidavits filed by the respective parties and taking into consideration the submissions made therein, dismissed the complaint filed under Section 203 CrPC vide order dated 10.07.2015.
Being aggrieved by the said order dated 10.07.2015, the applicant Raj Pal Singh filed a revision before the revisional court. The revisional court, after taking into consideration the submissions made by counsel for the parties and the fact that the victim herself had denied the allegation of meting out any torture or cruelty to her and to the contrary, has categorically stated that she has been living peacefully with her husband and out of their wedlock, two children have been born and she has no grievance against her husband and in view of the backdrop of the said circumstance, the learned Magistrate has rightly rejected the complaint under Section 203 CrPC and there is absolutely no illegality or infirmity in the impugned order passed by the court below and consequently, criminal revision, filed by the applicant, was dismissed vide order dated 11.10.2019.
Learned counsel for the petitioner could not point out any illegality in the impugned orders passed by the courts below.
Per contra, learned AGA has supported the impugned orders and has submitted that both the courts below after taking into consideration the statements made by the victim on her affidavit has rightly rejected the complaint filed under Section 203 CrPC, which order does not suffer from any illegality.
Having considered the rival submissions made by counsel for the parties and taking into consideration the submission made by the victim Shalini in her affidavit, there is absolutely no illegality or infirmity in the impugned order passed by the learned Magistrate. The revisional court has considered each and every aspect of the matter and has passed the
impugned order dated 11.10.2019 in right perspective, which also do not call for any interference by this Court at this stage under Article 227 of the Constitution of India, as such, this matter under Article 227 of the Constitution of India is devoid of merit and it is accordingly dismissed.
Order Date :- 9.1.2020 Nadim
1 issue framed by the court
Whether the challenge to the orders dismissing the complaint under Section 203 CrPC warrants interference by this Court proceeding under Article 227 of the Constitution of India.
3 provisions across 3 enactments
Raj Pal Singh
State Of U.P.
Shalini @ Shalu
Abhisesh
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
