ROHIT SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Wife Manisha Srivastava, is at loggerheads with her husband, in- laws, brother -in -laws (jeth & devars) and their family feud has come up to this court in above two connected Criminal Misc. Applications, u/s482 Cr.P.C.(in short code),by which husband, in-laws and brother-in-laws (Jeth and Devar), have prayed for quashing of their prosecution, instituted by her, of case no. 1313 of 2008,u/s 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, relating to crime no. 589 of 2008, pending before Judicial Magistrate, Jalaun. Ancillary prayer is to stay trial court's proceedings pendent lite their above Applications. Former 482 Application is by the husband Rohit Srivastava, whereas later is by his other family members father Avinash Chandra Srivastava, mother Smt. Awadh Kishori, two brothers Dr. Mohit Srivastava (Devar) and Rahul Srivastava (Jeth).

(2.) Since both the Applications arises out of the same case, hence facts in both the applications are common which are recapitulated herein under.

(3.) Unfolded background facts, as are decipherable from the pleadings made in both 482 Cr.P.C. Applications and allegations contained in the FIR, annexure no.2, to the 482 Cr.P.C. Application No. 15938 of 2009, indicate that informant Manisha Srivastava d/o Dr. Shyam Prakash Srivastava tied her nuptial knot with the applicant Rohit Srivastava on 27.4.2007 according to Hindu Customs and Rites in Utsav Guest House, Nirala Nagar, Lucknow. Husband was gainfully employed as Assistant Commissioner in Commercial Tax department and was posted in Khatima, Udham Singh Nagar, Uttaranchal. Her father Dr. Shyam Prakash Srivastava, was I/C Medical Officer in District Lalitpur. In the marriage, Rs. ten lacs and other articles were given as dowry but the rapacious attitude of the husband and in-laws did not satisfy them, who all were demanding additional Rs. 75 lacs. Wife expressed inability of her parents to part away with such huge dowry because of their fiscal conditions and also because they had two other younger daughters to marry. Wife's inability to mollify dowry demand resulted in her mental and physical torture. She was forced to sleep on the ground and was starved. During her torture period, wife became pregnant but this also did not dissipate greed for further dowry. Informant was sent back to her parental house, where she attained motherhood of a daughter Ratna. After delivery, husband applicant Rohit Srivastava came to his in-laws house at Jalaun to taken back his family to his house at Lucknow, but insisted that he be allowed to carry them by car by feigning an argument that carrying them by bus or train will be troublesome. Dr. Shyam Prakash Srivastava, gave his Maruti Esteem VXI U.P. 92 K 0129, to him to go to Lucknow. Said car was retained by the applicant husband who did not return it back. After arriving at in-laws house, informant was again tortured for dowry demand and when her father was intimated about it he along with maternal uncle came to in-laws house and was coerced to succumb to pay some money. On such assurance, husband brought his wife to the place of his posting at Khatima. In-laws, devar and jeth used to visit her and continued to pamper and torture her. On 25.8.2008 Dr. Srivastava was intimated on phone that either he pays demanded dowry or informant will be annihilated and since husband is a government servant he will be absolved from any action. On such a threat father along with maternal uncle Devendra Srivastava and Dr. Jitendra rushed to Khatima to inquire about welfare of his daughter but meanwhile, she was pushed out of her husband's house after snatching away her stridhan- ornaments and her apparels. Dr. Srivastava lodged a written complaint to S.P., Udham Singh Nagar for the crime and brought his daughter back to Jalaun.