SUSHIL KUSHWAH AND OTHERS Vs. KAVITA KUSHWAH

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed against the order dated 29/6/2017 passed by the 14th ASJ, Gwalior in Criminal Revision No.6400426/2016 affirming the order dated 28/11/2016 passed by the JMFC, Gwalior in complaint case No.15451/2014.

(2.) The necessary facts for the disposal of present application in short are that the respondent has filed a criminal complaint against the applicants under Section 406/34 of IPC on the ground that she was married to applicant no.1 on 27/11/2010 at Gwalior in accordance with the Hindu rites and rituals. At the time of marriage, as per the demand of her in-laws, her father had given Rs.5,00,000/- in cash, one Hyundai i10 car as well as several gold and silver ornaments, silver utensils weighing 3.5 Kg., one window AC, Refrigerator, one TV, Washing Machine, Microwave Oven, DVD player, Mixture Grinder, Wrist Watch, Bed, Sofa etc. The articles given at the time of marriage have been mentioned in detail in paragraph 2 of the complaint. It was claimed that the said articles are the Stridhan of the respondent. It is alleged that immediately after the marriage, the behaviour of the applicants was cruel towards the respondent and the applicants were also demanding more dowry. On 10/8/2012, the respondent gave birth to a girl child and the expenses were borne by her parents and after the birth of the girl child, the behaviour of the applicants became more cruel towards the respondent. The applicant no.1 at the instance of the remaining applicants used to beat her mercilessly. On 4/8/2013, the applicants turned the respondent out of her matrimonial house. The respondent went back to her parents home and informed the entire incident. On query by her father, the applicant no.2 demanded that the remaining amount of dowry should be paid, only then the respondent would be allowed to enter in her matrimonial house. The parents and the respondent tried their level best to persuade the applicants, but the applicants after putting a lock on the house at Gwalior shifted to Delhi. It was alleged that the articles as mentioned in paragraph 2 of the complaint are her Stridhan. The complainant/respondent had requested the applicants on various occasions to return the Stridhan, but they have not returned the same and after turning the respondent out of her matrimonial house, the applicants are using the said articles, which they have misappropriated and converted for their own personal use, whereas the applicants have no right and title to retain the Stridhan of the complainant/respondent.

(3.) The trial court by order dated 28/11/2016 took cognizance of the offence under Section 406 of IPC. The applicants challenged the order of the Magistrate by filing a Criminal Revision, which too suffered dismissal by order dated 29/6/2017 passed by the 14th ASJ, Gwalior in Criminal Revision No.6400426/2016.