SAVITRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this revision petition under Sec. 397/401 of Cr.P.C. against order dtd. 6/12/2017 passed in RCT No. 854/2017 by Judicial Magistrate First Class Hoshangabad, whereby charges under Sec. 498-A of IPC and Sec. 4 of Dowry Prohibition Act have been framed against the petitioner.

(2.) Briefly facts relevant for the disposal of present revision are that complainant Rajni Upadhyay lodged a written report against her husband Praveen Upadhyay and petitioner Savitri Upadhyay to the effect that her marriage was solemnized with Praveen Upadhyay on 1/7/2009. After eight months of marriage, complainant and her husband came to Hoshangabad and there her mother-in-law used to make comment on small things and also make taunt about her height and stature, appearance and color etc. Her husband Praveen Upadhyay and her mother-in-law Savitri Upadhyay started torturing her physically and mentally in connection with demand of dowry. Her mother-in-law Savitri Upadhyay used to tell her that she did not bring anything from her parents house, now, after her father getting the money, bring Rs. five lakh from that. Upon her refusal, her husband and mother-in-law used to beat her. Her mother-in-law used to abuse her after coming to her house in Hoshangabad and used to tell her that they don't want to keep her and will get a good dowry and a beautiful girl after getting her son married again.

(3.) Whenever her mother-in-law and her husband used to met at her house in ITI, then, both of them used to beat her on small things. On 23/5/2016, her mother-in-law told her that your mother is not feeling well, go and come after seeing her and also bring money from her. When, after seeing her mother, she came back to Hoshangabad on 9/6/2016 without bringing the money, her husband and mother-in-law beat her and sent her back to her parents house in Bareli. Even after this, they kept calling her continuously and harassing her to bring money. On 5/3/2017, her husband and mother-in-law came to her parents' house in Bareli and there also, they demanded money whereas in May 2011, her brother had given them five lakh rupees for house. Even then, her husband and mother-in-law came to her parents' house in Bareli and misbehaved with her brother and mother and asked to arrange another five lakh rupees within eight days.