SMT. KALPANA SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under section 482 of CrPC, 1973 has been filed against the order dated 12/09/2012 passed by Ist Additional Sessions Judge, Dabra, District Gwalior in Criminal Revision No.276/2012 by which the order dated 02/05/2012 passed by JMFC, Dabra in Criminal Case No.207/2011 has been affirmed.

(2.) By order dated dated 02/05/2012, the JMFC, Dabra has framed charges against the applicants for offences under Sections 420/34 and 498-A of IPC.

(3.) The necessary facts for the disposal of the present application in short are that a written complaint was made by the complainant/respondent no.2 on 01/12/2010 to the effect that she was married to one Sanjeev Soni on 07/05/2009. At the time of the settlement of the marriage, the applicants came to the house of the complainant and persuaded the father of the complainant to marry the complainant with Sanjeev. The marriage was settled and she was married with Sanjeev on 07/05/2009 in accordance with Hindu Rites and Rituals. At the time of the marriage, the parents of the complainant had given sufficient dowry to Sanjeev and his family members. After the marriage, the complainant started living in her matrimonial house along with her husband and the applicants. On 12/05/2009, her husband informed that he is going to attend a marriage in Lalitpur and came back on 14/05/2009. Thereafter, on 29/05/2009, the complainant came back to her parents house along with her brother and on 08/06/2009, the husband of the complainant informed her on phone that he is going to Jhansi to attend a marriage and, therefore, the complainant should also come to Jhansi along with her brother. She went to Jhansi where he met with her husband. Thereafter, the complainant and Sanjeev attended the marriage and, from there, the complainant and Sanjeev came back to Dabra in the evening of 09/06/2009. On 09/06/2009 itself, at about 11:00 in the night, Sanjeev went to Delhi by informing the complainant that some material is being loaded at Delhi in a truck and, therefore, he is going to Delhi to help his brother-in-law and, thereafter, he came back directly to Tikamgarh. After about five months of the marriage, the husband of the complainant informed her that prior to the marriage, he had met with a scooter accident as a result of which he had sustained injuries and after the injuries were healed, some black spots have occurred on his legs and for the treatment of the black spots, he generally goes to Delhi. In the month of April, 2010 when the brother of the complainant came to Tikamgarh to take the complainant, at that time the husband of the complainant informed that as he is having swelling in his legs, therefore, she may take him to Delhi. From Delhi, they came to Gwalior and, thereafter, an operation was done at JA Hospital, Gwalior. At Gwalior, the doctor informed the complainant that the husband of the complainant is suffering from Liver Cyrrohsis and only because of the infection, he is having swelling in his leg. On enquiry, the husband of the complainant informed that in the year 2007, he had suffered from Chikangunia and had a blood vomiting. At that time, the complainant came to know that the husband is suffering from Liver Cyrrohsis for the last several years and is serious for the last several years. On 12/05/2009, her husband had in fact had gone to Delhi by giving a false reason that he is going to Lalitpur to attend the marriage. Thus, it was alleged that the applicants, by suppressing the fact that the husband of the complainant is suffering from Liver Cirrohsis, got her married to Sanjeev. In spite of that in order to perform her duties as a wife, she continued to live with Sanjeev but, thereafter, the applicants as well as her husband started pressurizing the complainant to bring money from her parents for getting her husband treated. When the complainant refused to do so, then she was harassed and beaten by the applicants. They used to say that only after the marriage the physical condition of the husband of the complainant has deteriorated and the complainant is a witch and would kill her husband. The applicants also used to say that in case if she does not bring money from her father, then either she should consume sulphas or should die by hanging. She was forced to take her husband to her parents house at Dabra and she was forced to get her husband treated at Gwalior. In the night of the festival Karwachauth, the complainant came to Dabra along with her husband and the applicant Vikash @ Vicky, and the husband of the complainant was got admitted in the hospital at Gwalior. It is also alleged that on the day of Diwali, the husband of the complainant had dashed the head of the complainant against the wall for twice and had said that since the father of the complainant is Tahsildar, therefore, she should take money from him. It was also felt by the complainant that the applicants had collected money from the father of the complainant in the name of the treatment of the husband but in fact they had utilized the said amount for their personal use. After Diwali, when she took her husband to the hospital at Gwalior, then she was advised by the doctors that she should take him to Delhi. On the information of the complainant, the applicants no.2 and 3 came to Delhi where it was informed by the doctors that the transplantation of the liver of the husband of the complainant is the only solution. It was also informed that the husband of the complainant is suffering from Hepatitis-B and she came back to her matrimonial house after getting her husband discharged from the hospital. On 24/11/2010, the husband of the complainant, the applicant no.2 and the applicant no.5 insisted that the complainant should talk to her father and should arrange for an amount of Rs. 1,00,000/- immediately and she should also call her brother so that the blood can be given to the husband of the complainant. When the complainant started crying, then the husband of the complainant as well as the applicants no.2 and 5 got annoyed and alleged that the complainant is just showing off. The father of the complainant also went to Tikamgarh and tried to convince the husband of the complainant as well as the applicants no.2 and 5 but they did not agree and they instructed the complainant that she should go along with her father to Dabra and she should get the amount deposited in the bank account, otherwise she should not come back. It was further alleged that the applicant no.5 took possession of all the documents pertaining to the marriage as well as other articles and allowed the complainant to go to her parents house along with some sarees only. When the complainant requested her husband and the applicants no.2 and 5 that as they are continuously harassing her, therefore, she cannot live with them any more and, therefore, they should return the dowry as well as Stri Dhan but all the three persons clearly extended the threat that now nothing would be returned. Accordingly, the complaint was made by the complainant against her husband as well as the applicants.