ANAND SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been filed by the petitioner/accused persons against the order of framing of charge dated 12. 4. 2002 passed by the Chief Judicial Magistrate, Neemuch in Cr. Case No. 1002/2000 for quashing the charge and ordering discharge of the applicant-accused persons.

(2.) ON a typed complaint dated 19. 9. 2000 filed by the wife of petitioner No. 1, Dr. Smt. Kalpana Shrivastava as Cr. No. 559/2000 for the offence under Sections 498-A and 406 of the Indian Penal Code which was registered by the Police Station, Neemuch. Later on, the charge-sheet has been filed for the offences punishable under Sections 498-A, 325 and 323 of the Indian Penal Code read with Section 34 of the Indian Penal Code against the accused/petitioners. The petitioner No. 1 was the husband, petitioner No. 2 Shyam Biharilal was the father-in-law, aged about 73 years, a retired person, petitioner No. 3 Smt. Vimla Devi aged about 68 years was the mother-in-law and petitioner No. 4 Shri Gopal Sharma, a retired person having no relationship with the complainant as well as the petitioners 1 to 3.

(3.) THE allegations levelled by the complainant in the First Information Report were that she was married with the petitioner No. 1 Dr. Anand Shrivastava on 29. 5. 1985. Just after the marriage, she was ill treated mentally and physically by petitioner Nos. 1 to 3 for want of dowry. Their demand was fulfilled twice or thrice by paying 30-35 thousand rupees by her father and brothers to petitioner Nos. 1 to 3. During this period, she had given birth to two sons. Between this period of 15 years, because of ill-treatment twice or thrice, she came to her brothers' house and lived there. On 31. 1. 1998, she lodged a report at Rajnagar Police Station. Thereafter, her husband petitioner No. 1 submitted written and oral excuse and took her to Kankroli where they were running 'radhika Hospital'. But there was no improvement in the behaviour of her husband and he continued ill-treating with her.