GURPAL KAUR vs STATE & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:08.05.2025 + CRL.M.C. 5280/2019 and CRL.M.A. 38309/2019 GURPAL KAUR .....Petitioner versus STATE & ANR. .....Respondents Advocates who appeared in this case: For the Petitioner : Mr. Vinayak Goel, Mr. Srish Kumar Mishra and Mr. Alexander Mathai Paikaday, Advocates. For the Respondent : Mr. Manoj Pant, APP for the State with SI Sanjeev, P.S. Kalkaji. Mr. Rakesh Vatsa, Mr. Jeetin Jhala, Mr. Shakunt Jhala, Ms. Reenila Jhala Advocates for R-2 (through VC). CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed against the order dated 27.05.2019 (hereafter ‘the impugned order’) passed by the learned Additional Sessions Judge (‘ASJ’), South East District, Saket Courts, New Delhi Signature Not Verified Signed By:HARMINDER KAUR CRL.M.C. 5280/2019 Page 1 of 14 Signing Date:14.05.2025 10:48:39 in Criminal Revision 88/2018. By the impugned order, the learned ASJ dismissed the revision petition filed by the petitioner challenging the order dated 14.10.2017 passed by the learned Metropolitan Magistrate (‘MM’) whereby charges were framed against Respondent No. 2 for offences under Sections 417 and 498A of the Indian Penal Code, 1860 (‘IPC’). Petitioner’s grievance is that charges should also have been framed for the offences under Sections 406/468/471/420 of the IPC. 2. The brief facts of the case are that an FIR being FIR No. 271/2009 dated 17.07.2009 was registered at Police Station Kalkaji for offences under Sections 498A/406/420/468/471 of the IPC on a complaint given by the petitioner. It is alleged that the petitioner was constantly subjected to cruelty by her husband/Respondent No. 2 and her in-laws in relation to the items received in dowry. It is alleged that Respondent No. 2 forcefully