REVTI DEVI Vs. STATE OF M.P.

JUDGEMENT

(1.) By this common order M.Cr.C. No.35599/2021 filed by Smt. Revti Devi and Surendra Naroliya as well as M.Cr.C. No.37501/2021 filed by K.K. Naroliya and Smt. Radha Naroliya shall be decided.

(2.) Since both these applications have been filed for quashment of FIR in Crime No.568/2018 registered at Police Station Kotwali, District Morena for offence under Ss. 498-A, 506, 34 of IPC and Sec. 3/4 of the Dowry Prohibition Act as well as the criminal proceedings in Criminal Case No.308/2019 pending in the Court of JMFC, Morena, accordingly, the allegations made against each and every applicant shall be considered separately.

(3.) The respondent no.2 lodged an FIR on 14/6/2018 on the allegations that she got married to the co-accused Mrigendra Naroliya on 22/4/2015 in accordance with Hindu rites and rituals. Total amount of Rs.12,00,000.00 was spent for the marriage, whereas Rs.6,00,000.00were given in cash. Similarly Rs.1,50,000.00 in cash were given in the engagement ceremony and Rs.1,50,000.00 were spent for giving gifts and making arrangements of the function of engagement and in all Rs.15,00,000.00 were spent for marriage of the respondent no.2. It is alleged that when respondent no.2 went to her matrimonial house, a further demand of Rs.5,00,000.00 was made by her husband-Mrigendra Naroliya, father-in-law Krishnakumar Naroliya, mother-in-law-Smt. Radha and younger brother-in-law Surendra and pressure was put on her that since respondent no.2 is short heighted therefore, her children would also be short. Accordingly, in-laws of respondent no.2 started harassing her mentally and physically. On several occasions the contraceptive pills were given to her and on various occasions, threat was given that her husband-Mrigendra Naroliya would perform second marriage. Her in-laws were always threatening that if she wants to stay back in her matrimonial house, then she should maintain silence. In the meanwhile, the respondent no.2 expressed her willingness to carry on her studies. Although fees was given, but it was also threatened that since the father-in-law of the respondent no.2 recruits Home-guards after taking illegal gratification, therefore, even if their money goes in vain, they will not have any grievance, but a conspiracy would be hatched against her. Thereafter, her studies were stopped and she was compelled to stay back in her matrimonial house without any expectation. The in-laws were harassing her physically and mentally. She was never allowed to conceive and when she insisted that she wants to conceive, then her father-in-law K.K. Naroliya thought that since he has not retired so far, therefore, he may get implicated in a case, therefore, she was sent to Delhi alongwith her husband-Mrigendra Naroliya. Even in Delhi, Mrigendra Naroliya did not give her the right of a wife and forcibly exploited her physically and contraceptive pills were forcibly administered to her. She was kept locked in the room, whereas during winter season, he compelled her to sleep on the maznine floor and she was not allowed to talk to any member of her family. Whenever her family members used to call her, their phone calls were not received. When her condition deteriorated, then her husband-Mrigendra Naroliya left her in Morena. Her father-in-law and mother-in-law were also exploiting her mentally. When her family members came to know about her deteriorating physical condition, then she was sent back to her parental home. When her mother could not tolerate her mental condition, then a Panchayat was convened and the in-laws were persuaded to save the married life of the respondent no.2 and accordingly, she was sent to Delhi. In Delhi, her physical and mental exploitation continued and her nude videographs were prepared, but even then she tried to pacify her husband and never made any complaint against him, however, she was never allowed to talk to her mother. When her mother came to Delhi to meet her, then her husband extended a threat to kill the complainant and also took out a knife. Accordingly, her mother called the police and thereafter the husband of the complainant started extending threat to kill himself and accordingly, the police pacified the situation and also issued strict instructions to Mrigendra Naroliya to keep respondent no.2 peacefully. Thereafter, the husband of the respondent no.2 was transferred to Jaipur and on the pretext that he would require at least two months to settle down, left the respondent no.2 in the house of her Tauji. The respondent no.2 tried to contact her husband on phone, but Mrigendra Naroliya never received her phone calls. When the respondent no.2 also tried to contact her father-in-law and mother-in-law, then they also did not receive her phone calls and broke all the relationship and when she went to her matrimonial house at Morena, then she was not allowed to enter inside the house by her mother-in-law as well as younger brother-in-law and also extended a threat that first of all she should bring an amount of Rs.5,00,000.00 and only then, she would be allowed to enter in her matrimonial house. Accordingly, a complaint was made by the respondent no.2 in Police Station Mahila Thana, Padav, District Gwalior and reconciliation proceedings were undertaken, but her husband told the Counsellors that he would take the matter to the Court and thereafter, he sent the papers for divorce and accordingly, he misled the police also. The police is also not taking any action in the matter and accordingly, she approached the Women Commission, Home-guard Commandant Jabalpur and Sagar DIG, but she did not get any justice. Thereafter, outside the Family Court premises, her husband-Mrigendra Naroliya and Bua Revti extended a threat to respondent no.2 and her mother by saying that it was merely a game and respondent no.2 may do whatever she wants but she would not be able to cause any loss/damage to her in-laws nor they would not return even a single penny. Since, she is not having her father, therefore, even if she is killed, then they would purchase the police and accordingly, a complaint was lodged and on the basis of the said complaint, FIR in question was registered.