R S SINGHVI & ANR Vs. STATE

JUDGEMENT

(1.) By this petition, petitioners seek bail in case FIR No.185/2018 under Section 304B/34 IPC registered at PS Hauz Khas, Delhi. Petitioners are the father-in-law and mother-in-law of the unfortunate deceased Anissia Batra who purportedly committed suicide on 13th July, 2018 at about 4.15 PM. As per the MLC Anissia was brought to the Max Healthcare Hospital at 4.35 PM on 13th July, 2018 by her husband with the history of unconsciousness at the time of arrival, whereafter Anissia was declared dead at 5.50 PM.

(2.) On the complaint of Smt. Nillum Batra, mother of Anissia Batra above noted FIR was registered. In her statement recorded by the SDM, Hauz Khas, Nillum Batra stated that she had married her daughter Anissia Batra on 23rd February, 2016 with Mayank Singhvi, son of Rajinder Singh Singhvi resident of N-116, Panchsheel Park at Delhi Cantt. After a week of marriage the couple went for honeymoon to Dubai where on the second day itself in the hotel lobby Mayank assaulted Anissia and she had marks on her body. When Anissia messaged her, Nillum Batra advised her for her safety to shift to another room and on the next day she left the hotel and went to her female friend and from there she came to India. The complainant advised her daughter to talk to her parents-in-law, that is, the petitioners herein. During the course of discussion, the responsibility of assault was put on Anissia by the petitioners stating that the incident happened due to her instigation. Her husband was assured that no such incident will take place again and Mayank assured that he will not drink in future which promise he broke within a week when he assaulted and abused Anissia. On 14th April, 2018 they stayed in Delhi for one month when Mayank pulled the hand of her daughter and tried to remove her out of the house, when the complainant stopped him. Due to the aggressive behavior of Mayank her daughter used to remain sad for which they came back to Delhi on 5th June, 2018. On 6th June, 2018 again quarrel took place between the couple and her daughter was sitting silently on the bed when Mayank called his parents who were at that time in London and his parents were instigating Mayank after which Mayank went mad with anger. When she was taking her daughter out of the room Mayank hit her and her daughter which resulted in the breaking of the bracelet of Mayank. The next day, petitioners came back from London and in the evening came to the house of Mayank when they misbehaved with the complainant and her daughter and asked the complainant to go out of the house within two days. Complainant called her husband who came on 9th June, 2018. Police also used to come to their house often as there used to be quarrels and for this reason her son also used to come to Delhi. Shri Ganpatji assured that this incident will not take place in future and they could go back to Chandigarh. It is then the complainant's family got to know that Mayank was already a divorcee and needed mental help. Complainant along with her husband and son came back to Chandigarh on 29th June, 2018. Mayank used to demand money from her daughter. On 13th July, 2018 at 12.11 noon she messaged her daughter to know her condition but received no reply. Before that at about 11.40 AM her daughter sent a message that Mayank was at home and they were in separate rooms. Thereafter Mayank called her twice at 2.13 PM and 2.24 PM and sent abusive messages. Thereafter the complainant's husband told her that their daughter has jumped from the third floor and has been shifted to the hospital. They received the message of the death of their daughter from Shri Ganpati ji. The complainant held Mayank and his parents, the petitioners herein, responsible for the incident with her daughter and sought action.

(3.) Supplementary statement of Major General Ropinder Singh Batra, husband of the complainant was recorded on 14th July, 2018 wherein he stated that he had spoken to his daughter on 11th July, 2018 when she was crying and told him that Mayank had hacked her email ID and phone and was keeping a watch on her activities specifically on the conversations with the lawyer. He further stated that Mayank demanded money from his daughter and on refusal he used to beat her. The allegations against the petitioners are that they used to instigate Mayank, never stopped him from his misbehavior and stated that till Mayank's demand was not fulfilled assault would take place. He also stated that these people wanted to take money after the sale of the flat of the deceased at Vasant Kunj and when she did not give the money, relations became sour.