Crl. Misc. No. A-453-MA of 2011 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. A-453-MA of 2011 (O&M) Date of Decision: 02.8.2011. Manisha .......Appellant Vs. Trilok Singh and others ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Jai Bhagwan, Advocate for the applicant. ..... SABINA, J. Respondents No. 1 to 8 had faced the trial under Sections 498-A, 323, 406 of the Indian Penal Code ('IPC' for short). Vide judgment dated 06.8.2009, the trial court convicted the private respondents for an offence under Sections 498-A, 406 IPC. Vide order of the even date, the private respondents were sentenced to undergo rigorous imprisonment for one year for commission of an offence under Section 406 IPC and further sentenced to undergo rigorous imprisonment for two years and fine of ` 500/- each under Section 498-A IPC. The appellate court vide judgment dated 14.1.2011 allowed the appeal and acquitted the respondents No. 1 to 8 of the charges framed against them. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 for grant of leave to file an appeal by the complainant. The case of the complainant in brief was that she was married to Trilok Singh on 17.11.2003. Sufficient dowry was given at the time of her marriage and betrothal ceremony. The accused Crl. Misc. No. A-453-MA of 2011 (O&M) -2 - raised a demand of ` 5,00,000/- before marriage and out of compulsion, father of the complainant had to pay the said amount to the accused on 07.11.2003 in cash. After the marriage, the accused raised a demand of Santro car. When the complainant refused to comply to the said demand, she was given beatings by the accused. On 20.11.2003, the complainant came to her parental home and in the presence of her relatives, the accused again repeated their demand of Santro car. After hearing learned counsel for the applicant, I am of the opinion that the instant application deserves dismissal. The learned appellate court has observed that a criminal complaint Ex.D-1 titled as 'Radha Kishan Mittal Vs. Trilok and others' revealed that father of the complainant had filed a complaint against the accused for an offence under Sections 452, 500, 506 IPC on 15.6.2005. Another complaint Ex.D-2 was filed by the father of the complainant against the accused for an offence under Sections 147, 148, 149, 323, 341, 506, 120-B read with Section 34 IPC. Vide judgment Ex.DA dated 27.1.2010, the trial court dismissed the complaint filed by the father of the complainant under Sections 452, 500 IPC. Vide Ex.DB, judgment passed by the trial court dated 22.1.2010 in criminal case titled as 'State Vs. Navin etc.' arising out of FIR No. 531 dated 5.10.2006 under Sections 147, 149, 323, 506 IPC registered at Police Station City, Jind, the present accused were acquitted of the charges framed against them. The learned appellate court, thus, rightly came to the conclusion that the complainant party was in the habit of lodging false cases against the present accused with an intention to harass and humiliate them. Proceedings under Section 182 of the Code of Criminal Procedure, 1973 were initiated against Radha Kishan- father of the complainant. Crl. Misc. No. A-453-MA of 2011 (O&M) -3 - Respondent-accused Trilok Singh, husband of the complainant had moved a petition seeking annulment of his marriage with the complainant under Section 12 of the Hindu Marriage Act, 1955 ('Act' for short). The possibility that the present complaint had been lodged as a counter blast to the petition filed by Trilok Singh under Section 12 of the Act, cannot be ruled out. Although, the complainant had led evidence in support of her case, yet from the documents brought on record by the accused, the accused were liable to be acquitted by giving them benefit of doubt. Hence, no ground for grant of leave to file the appeal is made out. Consequently, the application is dismissed. The application seeking condonation of delay in filing of the appeal is rendered merely academic and is disposed of accordingly. (SABINA) JUDGE August 02, 2011 Gurpreet