RAKESH KUMAR Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THROUGH the present writ petition the four petitioners desired that an FIR dated 28-6-1998 in case Crime No. 363 of 1998 under 498-A, 304-B and 201ipc read with Sections 3 and 4 of the Dowry Prohibition Act, P. S. Soraon, Dis trict Allahabad be quashed. The FIR spoke of demand of dowry from the parents of a married girl, Bindu her hus band and in-laws as also of tortures on her by them under demand of dowry. It also spoke of unnatural death of Bindu in the place of her husband, preceded by dowry harassment and stretchy disposal of the dead body. The prosecution story further indicated that the dead body of Bindu was recovered and was identified by her father, Behari Lal Chauhan, who had lodged the FIR of the four petitioners. Shiv Kumar is the husband of Bindu while the other three are relatives of Shiv Kumar.

(2.) A definite defence was taken by Shiv Kumar and others that Bindu was alive and was happily living with Shiv Kumar and his relations in her matrimonial home. Under the orders of this Court Bindu was produced before this Court. Father, mother and sister of Bindu namely, Behari Lal, Israji Devi and Saroja respectively were called before this Court on a day when Bindu was also present and on question by the Court, they had categorically stated that the girl clal ming herself to be Bindu was not the daughter of Behari Lal and Israjior the sister of Saroja. There was however an admission that the petitioner Shiv Kumar who had produced Bindu and whom Bindu had clal med to be her husband was really the same Shiv Kumar with whom the daughter of Behari Lal and Israji was married. There was a further admission that a child born to their daughter Bindu, was the child brought to the Court by Shiv Kumar alongwith the girl identify by him as Bindu. In view of the bald contradictory clal m of both the sides, one asserting the girl to be Bindu a daughter of Behari Lal while Behari Lal and others denying such identity, the Court directed the Senior Superintendent of Police, Al lahabad to get DNA test done for Behari Lal, for the girl clal ming to be Bindu in Court as also for the admitted daughter of Shiv Kumar born to Bindu for determining the parentage of this girl, Bindu, and to satisfy whether she was the daughter of Behari Lal as also whether the admitted daughter of Shiv Kumar born to Bindu was a daughter of this girl, now clal ming as Bindu. The parties agreed to such test and the report was received fixing the parentage of the "disputed Bindu" with Behari Lal and motherhood of this Bindu with the admitted baby of Shiv Kumar and the daughter of Behari Lal and Israji.

(3.) AS regards the conduct of Behari Lal and Israji, the same has two stages. At the first stage, Behari Lal lodged a report at the police station which has been proved to be not true. At the second stage when Bindu appeared before us not only Behari Lal but also his wife Israji had the audacity to deny the identity of their own daughter Bindu. They had to concede the identity of Bindu only after the report from the concerned laboratory had come after the test, Behari Lal and Israji both had accepted in their state ment in Court recorded on 8-10-1999 that they had intentionally denied the identity of Bindu. This was in addition to any other offence, a blatant contempt of Court.