NEERAJ GUPTA Vs. C B I

JUDGEMENT

(1.) The petitioners have challenged an order on charge, made by the learned Chief Metropolitan Magistrate ("the trial Court") on 17.9.12005. They were charged with committing offences punishable under Section 498-A/406, read with Section 34, Indian Penal Code (hereafter called as "the IPC").

(2.) The first petitioner (hereafter "the husband") is the son of petitioners No. 2 and 3 and the brother of the fourth Petitioner. The husband got married to the informant, (hereafter variously "the wife" and "the complainant") Ms. Juhi Modi, on 3.7.1998. According to the first information report, (FIR) lodged by the informant wife with the police on 11.5.2000, the marriage was preceeded by her parents' gifting valuables to the petitioners. When she joined the matrimonial home, the parents in law namely petitioners No. 2 and 3 expressed disappointment with the marriage arrangements and stated that their expectations were unfulfilled. It was alleged that they wanted a Mercedes car, but since they were unable to maintain it, an Opel car and Rs. 16 lakhs were to be paid. It was also alleged that the complainant's father was called to the matrimonial home in July and Augnst, 1998 and told in no uncertain terms that Rs. 1.5 crores ought to have been given to the petitioners. As the complainant's parents could not fulfill these demands, it was alleged that the accused proceeded to hurt, humiliate and insult the respondent.

(3.) It was also alleged that the husband kept taunting her, alleging that she was ugly; the accused, besides, assigned her menial jobs such as washing clothes, utensils etc. They also criticized her for not doing those jobs properly. The FIR cited several instances where acts of cruelty were allegedly perpetrated on the informant. It was alleged that the complainant asked leave to visit her parents but the petitioners refused to do so. She stated that once her husband turned her out of the house early in the morning at 3.00 a.m. without any cause. The complainant alleged as follows: