DURSHI CHAND AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal procedure 1973 (hereinafter referred to as The Code) for quashing of the proceeding in C.G.R no. 2543 of 2009 arising out of Kalighat Police Station case no. 140 of 2009 dated 26.7.2009 under Sections 498 A/406/34 of the Indian Penal Code and under Section 3/ 4 Dowry Prohibition Act is filed at the instance of Durshi Chand Agarwal and Raj Kumari Agarwal, the accused no. 2 and 3.

(2.) Megha Agarwal wife of Deepak Agarwal (accused no.1 in the case-inquestion) lodged one FIR with Kalighat Police Station against her husband Deepak Agarwal and the petitioners who happen to be her father-in-law and mother-in-law, respectively, alleging therein that her marriage with Deepak Agarwal took place on 11.7.2007 and after marriage she had been to her matrimonial house at 49, Guru Pada Haldar Road, Calcutta 700026 where she started her matrimonial life. At the time of marriage cash of Rs. 35,00000/- was given to the accused persons as Dowry. Besides that other valuables were also given. About 4/ 5 months after her marriage, her husband Deepak Agarwal started to inflict physical torture on her as she refused to bring Rs. 1 crore from her father according to the demand of her husband. The petitioner Raj Kumari Agarwal, the motherin- law openly supported Deepak to cause sufferance and inflict torture on Megha. Raj Kumari Agarwal, the petitioner no. 2 declared that in case of her failure to bring money, Megha would not be allowed to bear children. Her husband threatened her of dire consequences also. She was kept in locked room and subjected to ill treatment. To quell the fury and in order to bring peace in the matrimonial life of Megha, her father started paying Rs. 50,000/- per month to Deepak. On 19.7.2009 at about 2.30 hours, Deepak disrobed Megha completely and ousted her from the flat. She was kept in open common varandah for about 2 and hours in such a condition. Prior to that on 16.7.2009 the petitioners left for Rajasthan. The petitioner Raj Kumari, however, instructed Deepak over telephone that unless and until Megha brings Rs. 1 crore from her father, Deepak should continue torture and must not keep any touch with Megha. The petitioner no. 2 Raj Kumari Agarwal also refused to return jewelleris of Megha when she asked for those jewlleries. Petitioner no. 2 Raj Kumari Agarwal used to hurl filthy and dirty words towards Megha all the time. The petitioner Durshi kept silent and sometimes said Megha that everything would be all right if she brings money.

(3.) On the basis of said FIR, the Kalighat Police Station started investigation into the case and collected some evidence but, ultimately, the further investigation into the case was stopped due to interim stay order passed by this Court. Investigation so far could be done shows that Pradip Garg (brother of Megha) reported the incident to the Kalighat Police Station over telephone and accordingly an entry in the general diary of Kalighat police Station was made on 27.7.2009 at 13.45 hours. On the same date, the officials of Kalighat police station had been to 49, Gurupada Haldar Road, Calcutta 26, and examined Megha who disclosed everything to the officers of Kalighat police station. Deepak was arrested and these petitioners were reported to have been left for Rajasthan. Megha was medically examined at Sambhu Nath Pandit hospital and she stated to the Doctor that she was physically assaulted by Deepak, her husband. In course of investigation so far could be done, the Investigating officer made inventory of the articles found inside the safe deposit vault of panjab National Bank, Kalighat branch in presence of Megha Agarwal, Raj Kumari Agarwal and others. The vault was opened with the help of Key produced by the petitioner Raj Kumari Agarwal from her custody.