LAWS(DLH)-2005-7-9

SUMITRA CHAUHAN Vs. STATE

Decided On July 23, 2005
SUMITRA CHAUHAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Petitioner, Sumitra Chauhan, was married to Amarnath Chauhan on 11.12.1993. In March, 1995 the couple were blessed with a female child named Ramita. Master Rishab was born to them in February, 2001. As per the petitioner, she suffered dowry harassment. She bore the trauma as she wanted the family not to break. She alleges that on 7.5.2002 an attempt was made to set her on fire when kerosene oil was poured on her by her husband and her mother-in-law. In spite thereof friends and relatives intervened. They attempted a patch up. For the sake of her children she continued to live with her husband in the matrimonial house but ultimately was forced to leave the house alongwith her children when things became unbearable.

(2.) She lodged a complaint pursuant whereto FIR No. 289/2005 PS M.S. Garden was registered for offences under Section 498-A/406 IPC.

(3.) Amarnath Chauhan was arrested and was produced before the Duty Magistrate on 13.9.2003. On said date, as recorded by Ms.Anu Grover, Duty Magistrate, counsel for Amarnath Chauhan submitted that he wishes to settle the matter with the petitioner. Accused Amarnath gave an undertaking in writing that he will pay Rs. 6 lakhs to the petitioner for the dowry articles and would also pay Rs. 5,000/- per month for maintenance of the children. He paid Rs. 50,000/-, which fact stands recorded in the order dated 13.9.2003. He undertook to pay the balance sum of Rs. 5.5 lakhs within 15 days.