SUJEET KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) Once again a family feud between husband Sujeet Kumar (A1), his parents and other relatives on the one side and his wife Smt. Pratibha Roy (Smt. Pratibha Rai), Respondent No. 2(R2)on the other has vented in launching of a prosecution against the entire husband's family consisting of husband Sujeet Kumar(A1), his parents Vishwanath Rai (A-2) and Smt. Umda Devi (A-3), younger brother Pradeep Rai (A-4), sister Puneeta (A-5) and uncle-in-law Ramnath Rai (A-6) by R2 through Complaint Case No. 275 of 2009 Smt. Pratibha Rai v. Sujeet Kumar and Ors. under Section 406 Indian Penal Code P.S. Indirapuram, district Ghaziabad before ACJMII. By invoking inherent power under Section 482 Code of Criminal Procedure (in short Code), through instant application accused applicants have sought quashing of proceedings of said trial with additional prayer for stay of further proceedings in the Court below meanwhile.

(2.) Shorn of unnecessary details and stated briefly, complainant's allegations in her complaint registered as case No. 320 of 2008(subsequently renumbered as 275 of 2009) are that she was married to A1 on 2.5.2004 in her parental house at B-4095, Sector-4, Vasundhara P.S. Indirapuram, District Ghaziabad. In her coverture besides cash amount of Rs. 3 lacs, Rs. 35,000/- were spent on bed room and dinning materials, Rs. 37,000/- on ornaments consisting of gold chain, gold ring etc., Rs. 60,000/- on draper-Sarees, blouse etc. Rs. 45,000/- on suit links and other muslins of bridegroom and Rs. 35,000/- were spent on utensils, gas stove etc. Rs. One and half lacs was spent on other expenditures and thus a total sum of Rs. 6,17,000/- was spent.

(3.) After nuptial knot R2 went to her in-laws house at madhubani, Bihar where she was tortured because of rapacious attitude of the applicants for additional demand of a Tata Sumo Car with cash amount of Rs. Five lacs. Inability by the parents of R2 escalated torture on her hence she was brought back to her parental house where she remained for most of time. On 10.4.2008, A-1 came to Ghaziabad and asked R2 to accompany him on the pretext of a marriage being solemnized in his house on 5.3.2008. R2 accompanied A-1 on 17.2.2008 for her in-laws house but No. sooner they boarded the train A-1 inquired from R2 whether she had brought any money or not? On a negative reply by R2, A1 threatened her with klife and with dire consequences. On reaching her in-laws house, R2 discovered that marriage pretext was a hoax. Being terrified and sensing danger of her elimination R2 sent for her uncle on phone. Meanwhile applicants got a note scribed from her on a plain sheet of paper. R2 thereafter was brought back to her parents house by her uncle at Ghaziabad. When R2 asked for return of her stridhan she was rebuffed by the applicants.