RAVI SHANKER PAL Vs. STATE OF U P

JUDGEMENT

(1.) FAMILY of Ram Autar Pal consisting of himself, his wife Malti Devi and two sons Ravi Shanker Pal and Shiv Shanker Pal all resident of Uttar Mohal, Quasba -Robertsganj, near Hanuman Mandir, P.S. Kotwali Robertsganj, District Sonbhadra have called in question charge sheet No. 5 of 2008 relating to crime no. 9 of 2008 for offenses under Sections 498 -A, 323, 504, 506 I.P.C. and ¾ D.P. Act, P.S. Mahila Mahanagar, District Varanasi as well as cognizance order dated 11.8.2008 by J.M.I st, Varanasi and subsequent registration of Criminal Case No. 1489/2008 (State Vs. Ravi Shanker Pal and others) for the aforesaid offenses. All the proceedings mentioned herein above have been prayed to be quashed.

(2.) BACKGROUND facts germinating this Crl. Misc. Application lies in a narrow compass. Smt. Soni Pal daughter of Ramchandra Pal resident of House No. C -9/167 A -6, Habibpura Nai Pokhari, P.S. Chetganj, District Varanasi, complainant -respondent no. 2 (R -2) was married with Ravi Shankar Pal (A -1), son of Ram Autar Pal (A -2) and Malti Devi (A -3). Shiv Shanker Pal (A -4) is brother of A -1. Marriage of spouses was solemnized at the parental house of R -2 in 2003 according to Hindu Customs and Rights, in which parents of R -2 had spent Rs. 13/14 lacs including the gifts. After the marriage, applicants along with their sisters started building pressure on R -2 to bring a Tata Safari Car and when R -2 refused to oblige, her torture and harassment started by the applicants, who started assaulting and defaming her. R -2 continued to bear the temerity and fauxpas for the reason that with the passage of time, things will cool and settle down and if family feud becomes public, it will damage her parents reputation. R -2 meanwhile had became pregnant as well and, therefore, she also thought that after birth of the child her woes will subside. However, she aborted. Looking to her deteriorating condition, applicants brought R -2 to her parental house in district Varanasi and got her admitted in Marwari Hospital where she was treated in which, Rs. 20 -25 thousands were spent. Subsequently thereto applicants did not care for R -2 for the reason of non -fulfillment of their demand regarding Tata Safari Car. On telephone, she was always threatened that A -1 will get re -married. When harassment and torture became unbearable, R -2 claimed maintenance from A -1 by moving an application under Section 125 Cr.P.C. before Principal Judge, Family Court, Varanasi, which is still pending. All the ornaments and cash money of R -2 were seized by A -3. When the applicants came to know about the case lodged by R -2, they started requesting for return of R -2 with them but the parent of R -2 were apprehensive in sending her back because of the attitude of the applicants sensing danger to her life. In this respect, a conclave was convened in district Varanasi and an accord was reached according to which, on 11.2.2008, R -2 joined the company of applicants and came to Robertsganj. She could hardly stayed there for three days when her torture again started. Meanwhile when A -3 had gone to her parents house, in her absence, sisters of A -1 along with other relatives started harassing and assaulting R -2. On complaint being made by R -2 to her husband A -1, she was rebuffed as A -1 sided with his family members. On the pretext of celebrating Holy festival three or four days prior to that, some obnoxious substance was being administered to R -2 and when she was under delirium, she was being assaulted. Condition of R -2, therefore, started deteriorating rapidly. Sensing the gravity of situation, A -1 and A -4 brought R -2 to district Varanasi on 23.3.2008 and left her as destitute all alone at Dali Chauraha only in her worn cloths and there threatened her with life and thereafter returned back to Robertsganj. There being no other option, R -2 came back to her parents and she was given medical treatment, which was still continuing.

(3.) USUAL investigation continued and police charge sheeted the applicants on 1.5.2008 vide charge sheet No. 5 of 2008, which is under challenge in the instant Crl. Misc. Application. However, it is mentioned here that three accused persons namely Ramme Pal, Suneeta Pal and Sonam, who were brother and sisters of A -1 were not charge sheeted by the police as against them no credible material could be collected during investigation nor any prosecutable evidence surfaced against them. On the basis of aforesaid charge sheet vide Annexure No. A -2, J.M. -I, Varanasi took cognizance of the offenses and registered case no. 1489 of 2008 on 11.8.2008, which cognizance and registration of case is also under challenge in instant application. Since applicants were charge sheeted, they have invoked inherent power of this Court by filing instant Crl. Misc. Application with a prayer, which has already been recorded in the opening paragraph of this judgment. A counter affidavit has been filed by R -2. The matter was listed in the cause list and when it was taken up on 17.8.2010, both the parties argued the matter finally.