RAJKISHORE AND OTHERS Vs. MEENA AND ANOTHER

JUDGEMENT

(1.) A complaint with the accusations against the accused Nos. 1 to 5 (the present petitioners) constituting offences under Sections 4 and 6 of the Dowry Prohibition Act and Sec. 406 of the Indian Penal Code, and abetment for committing these offences, has been filed by the complainant who is the respondent No. 1 in this petition. The petitioner No. 1 is the husband of the Respondent No. 1 and their marriage was solemnized sometime on 20th Feb., 1977. The petitioners Nos. 2 and 3 are the parents of petitioner No. 1. Petitioners Nos. 4 and 5 are the maternal uncles of the petitioner No. 1. The case of the petitioners in short is that their marriage was celebrated and according to the custom prevailing in the community huge dowry and the presents were given to the bride immediately prior to the marriage, at the time of the marriage and sometime subsequent to the marriage. The articles so given in the dowry are detailed in Annexures 1, 2 and 3 attached to the complaint and it appears that the total value of these articles cost to Rs. 7,50,000.00 or near about. The demand of the dowry made by the accused is said to be in contravention of Sections 4 and 6. It is also alleged that after the marriage the articles received in or after the marriage were handed over to the accused Nos. 1 to 3. They constitute a trust in their hands.

(2.) The husband and wife pulled on together though under strains nearly for about 8 years. They were staying at Bombay and at Wapi at times where the business of the husband was going on. The parents of the Respondent No. 1 was staying at Sambalpur and at times they used to come to Bombay and reside with them.

(3.) It is alleged by the complainant that the relations got strained and went beyond the tolerable limits in 1984. She was actually driven out of the house by her husband on 30th Dec., 1984 and since then she is staying with her parents at Nagpur. It is her case that while she was residing at Bombay, the accused Nos. 2 and 3 visited her place. They opened the almirah and removed all the articles and thus committed the breach of trust.