SUHAS BALKRISHNA DESAI Vs. CHANDRAKANT RAMCHANDRA PARAB

JUDGEMENT

(1.) RULE, returnable forthwith. By consent heard both sides.

(2.) THE petitioners challenge the order passed by the learned Magistrate (VIth J. M. F. C. , Ulhasnagar) dated 5-12-1997 wherein he has taken cognizance of the complaint filed by the first respondent and issued process under sections 304-B, 498-A, 302, 120-B read with 34 of I. P. C. against the petitioners 1 to 8 (accused Nos. 3 to 10 ). This order arises out of a complaint filed on 3-4-1977 by the first respondent as Criminal Case No. 90/97 before the Magistrate.

(3.) THE facts emanate from the complaint which are relevant for the purpose of this case, are that the complainant, i. e. the first respondent, is the father of Suvarna Anant Rane, who was married to accused No. 1 on 19-3-1995. At the time of marriage 25 tolas of gold ornaments and a cash of Rs. One lakh was exchanged in favour of the accused No. 1. After the marriage, the accused No. 1 and the aforesaid Suvarna were staying together at Janaki Apartment at Gandhi Chowk, Kulgaon, Badlapur, Thane District. Mother of the accused No. 1 was also staying with them. It is further alleged that those ornaments were taken by the accused No. 4, who is the sister of accused No. 1, on the pretext of keeping the said ornaments in a bank locker. Accused No. 1 was also paid another amount of Rs. 35,000/- as demanded by him for the purpose of purchasing a flat at Badlapur. Accused No. 1 wanted to complete the transactions of purchasing flat with the builder on or before 20-1-1996. For that purpose another amount of Rs. 25,000/- was demanded from Suvarna. It is further alleged in the complaint that accused No. 1 used to visit matrimonial house at Badlapur occasionally when he gets leave because he is working in Pune. As certain other facts stated in the complaint are not very relevant, I do not mention them here. It is however sated in the complaint that during the Ganapati festival in 1995 deceased Suvarna and accused No. 1 decided to go to native place and when Suvarna demanded the gold ornaments taken away by Mrs. Desai, sister of accused No. 1, it was disclosed that accused No. 3 sister and brother-in-law of accused No. 1 were pledged those ornaments and availed loan. It is also averred in the complaint that accused No. 1 used to demand amount of Rs. 1,50,000/- for making payment of instalment to the builder. Suvarna was working at Wagle Estate, Thane in Adivasi Kalyan Kendra and she used to visit the complainant twice in a week. During one of her such visits, she had disclosed to the complaint that accused No. 1 used to abuse, assault and threaten her and also used to ask her to bring the entire amount of the cost of the flat from her parents. It is alleged that she was also subjected to physical ill treatment, torture and cruelty.