SUDHIR KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) On November 19, 1989 Sushma Jain entered into wed lock with Sudhir Kumar. On May 30, 1991 she lodged a report with the police alleging cruelty at the hands of her husband and his other relations. On September 8, 1993 the learned Additional Chief Metropolitan Magistrate framed charges under section 498-A read with section 34 of the Indian Penal Code against the husband Sudhir Kumar, his brother Pawan Kumar Jain, sister Ms.Punam Jain and mother Smt.Supla Devi. By this joint petition they are seeking to get the charges quashed.

(2.) Is it that the material on the record spells nothing against the petitioners? Let us have alook at it. First, the First Information Report lodged by the estranged wife Sushma Jain. Its bare perusal would go to show that right from the very start of her matrimonial life her husband Sudhir Kumar, mother-in-law Supla Devi, brother-in-law Pawan Kumar and sister-in-law Punam had been expressing unhappiness over the dowry brought by her and on that score had been taunting and beating her. They would pick up faults with her on trifles and pester her to bring in more cash. She minces no words in mentioning that she was subjected to mental and physical cruelty.

(3.) Bimal Prasad Jain is the father of Sushma Jain. He has been examined under section 161 of the Code of Criminal Procedure. His statement too makes it clear that Sushma Jain used to be taunted, teased and beaten and that when petitioners were approached, instead of showing remorse, they claimed that his daughter was a curse on the family and that they would continue to subject her to the same treatment. The cause, of course, was dissatisfaction over the dowry brought.