HARI KRISHNA AGARWAL Vs. RAM RATAN KHEMKA

JUDGEMENT

(1.) The present revisional application has been preferred in respect of two cases being Darjeeling (Sadar) P.S. Case no. 23 of 1998 dtd. 8/2/1998 (corresponding to GR case no. 38 of 1998) under Sec. 498A of the Indian Penal Code pending before the then learned SDJM, Darjeeling and another case being the complaint case no. 197 of 1998 pending in the Court of learned Judicial Magistrate Court, Samastipur under Sec. 498A/379 of the Indian Penal Code.

(2.) It would be pertinent to state that Darjeeling (Sadar) Police Station case no. 23 of 1998 dtd. 8/2/1998 was initiated at the instance of Smt. Nisha Agarwal (Opposite Party no.2) while complaint case no. 197/98 was initiated by Ram Ratan Khemka being the father of the opposite party no.2. The allegations made in the letter of complaint addressed to the Officer-in-charge Darjeeling (Sadar) police station by the opposite party no.2 namely Nisha Agarwal were to the effect that she was married to Sanjoy Agarwal on 20/2/1996 according to Hindu Rites and Customs and after about 1-2 months of marriage her fatherin-law and brother-in-law demanded a further sum of Rs.15.0020 lakhs and represented that if such amount is not paid they would not allow her to stay at the matrimonial home peacefully. It has also been alleged that she was assaulted in the month of May, 1996 by her father-in-law and brother-in-law with fist and blows and it was represented that such assault was a trailer of the picture and she should expect much more to happen. Unable to bear such torture the opposite party no.2 informed the incident to her father, when her brother came in June, 1996, with folded hands, however, her father-in-law refused to accept an apology. During the said period she was expecting a baby and had to leave with her brother for Samastipur. On or about July, 1996 at the intervention of some of the relations she returned back to her matrimonial home, however, after 8-10 days her father-in-law and elder brother-in-law started assaulting her and such assault become a routine matter. As a result of which her health deteriorated and being afraid of miscarriage she was admitted by her husband at a local nursing home where she remained for about 10 days and thereafter she was send back to her parental home. On 18th November, she gave birth to a female child and after that she was discharged from the nursing home and then she started staying at her matrimonial home. On December, 1996 her father-in-law abused her with filthy languages and when her husband protested, her father-in-law lodged a complaint with the police station for which her husband was detained. On her assertion before the police authorities that she was being tortured and on a false pretext her husband has been detained at the instance of her father-in-law, her husband was released from the police station. Thereafter her father-in-law put a padlock on her room so that she could not enter her room. She also alleged that her father-in-law and elder brother-in-law tried to pour kerosene oil upon her and set her on fire, however her husband intervened and saved her life. She alleged that all the gold jewelleries were taken away by her father-in-law and retained by him, however, at the intervention of her brother-in-law and sister-in-law the jewelleries were kept in a joint locker. However the key was retained by her father-in-law. Being unable to tolerate such torture, assault, abuse and repeated chain of incidents the complainant become mentally ill and on or about November, 1997 she went back to her parental home at Samastipur. Later on, her husband also came down to Samastipur as her father-in-law refused him to enter and locked the room. On repeated occasions her brother approached for amicably settling the issues but her father-in-law was adamant for the demand of money which he initially demanded. Her brother was also assaulted by some of the members of the matrimonial home and lastly on 6/2/1998 when she went to her matrimonial home she was refused any entry and had to stay with her father at Hotel Apsara. Accordingly, she lodged the complaint on 8/2/1998.

(3.) Records reflect that on the basis of the aforesaid complaint Darjeeling (Sadar) P.S. Case no. 23 of 1998 dtd. 8/2/1998 was registered and on completion of investigation police authorities submitted charge-sheet no. 62/98 dtd. 19/8/1998 under Sec. 498A of the Indian Penal Code against Hari Krishna Agarwal, Hemant Kumar Agarwal, Gopi Kishan Agarwal and Monish Agarwal.