Criminal Misc. No. M-5076 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-5076 of 2009 Date of Decision: 20.3.2009 Than Singh Rawat …Petitioner Versus Smt. Savita Devi …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Yash Dev Kaushik, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner Than Singh Rawat had filed a complaint under Sections 499, 500, 501 & 502 IPC at Police Station City, Ballabhgarh. In the complaint it was submitted that complainant was working as Bank Officer at Gurgaon Gramin Bank, near Old Court, Narnaul, Mahendergarh. Complainant was married to accused Savita Devi in the year 1979. Out of the wedlock, one son was born who had expired and two daughters were subsequently born. The temperamental differences developed between the couple. It is stated that accused Savita Devi had withdrawn from the company of petitioner. She had filed a complaint against the petitioner on 1.8.2004. Again it is stated that false complaint was lodged on 7.1.2006. It was further alleged that in the complaint submitted by accused-wife, she had used filthy, cheap, derogatory, Criminal Misc. No. M-5076 of 2009 2 unparliamentary and defamatory language against petitioner, his younger brother Jasbir Singh and wife Sunita. It is stated that allegations were levelled by the accused that the petitioner was having illicit relations with the wife of his younger brother. The complaint so filed was dismissed by the Court of Judicial Magistrate Ist Class, Faridabad, on 11.10.2008. The Court of the Judicial Magistrate Ist Class, Faridabad, held that petitioner has failed to prove any document, where, accused had made defamatory imputation. Oral evidence is not sufficient to infer that any such statement was made by the accused. Therefore, there is no infirmity or illegality in the order by the trial Court whereby the complaint was dismissed. Hence, there is no merit in the petition and the same is dismissed. (Kanwaljit Singh Ahluwalia) Judge March 20, 2009 “DK”