LAWS(DLH)-2015-10-71

JAI PRAKASH PANDEY Vs. PRABHAWATI AND ORS.

Decided On October 14, 2015
JAI PRAKASH PANDEY Appellant
V/S
Prabhawati And Ors. Respondents

JUDGEMENT

(1.) The petitioner who is the informant of FIR No.212/2012 has challenged the order dated 11.04.2013 passed by the learned Additional Sessions Judge/Fast Track Court-West in Sessions Case No.15/2013 whereby he has discharged respondent Nos.1 & 2 of the offence under Section 498A/304B and 34 of the IPC and has framed charges under the aforesaid sections only against the husband of the deceased namely Nagmani @ Montu. The respondents Nos.1 & 2 are the mother-in-law and married sister-in-law of the deceased.

(2.) The First Information Report was lodged on 19.08.2012 by the petitioner alleging that he married his daughter Neha to co-accused Nagmani on 21.05.2011 in accordance with Hindu religious rites. At the time of marriage, Nagmani, the husband, was in employment in Delhi and, therefore, immediately after the marriage, the daughter of the informant came to stay with her husband in Delhi where the couple resided in a rented accommodation. It has been averred in the First Information Report that sometimes in January, 2012 his daughter was insinuated and troubled at the instance of the respondents and her husband for bringing insufficient dowry. The daughter of the informant thereafter came to her parental home and joined her husband later on the husband apologizing for his conduct. Again, a complaint was made by his daughter in the month of July, 2012 about similar bad behavior by her husband. The daughter of the petitioner told him that she always feared the arrival of her husband in the night.

(3.) As a result of the aforesaid complaint, FIR No.212/2012 (P.S.Nangloi) was registered for investigation under Sections 498A/304B and 34 of the IPC.