VIJAY KUMAR SHARMA Vs. BULBUL SHARMA

JUDGEMENT

(1.) With the help of this revision, the accused-petitioner has sought to get set aside and quashed the proceedings of the Complaint Case No. 1390C/2004, wherein an order has been made, on 07.07.2004, by the learned Sub-Divisional Judicial Magistrate, No. 2, Kamrup, at Guwahati, taking cognizance of offences under Sections 498A and 406 IPC and directing issuance of summons accordingly to the petitioner and some others and also issuance of search warrant for seizure of the alleged stridhan of the complainant. I have heard Mr. J. Roy, learned counsel for the accused-petitioner, and Mr. Z. Kamar, learned Public Prosecutor, Assam.

(2.) Before entering into the merit of the present revision, it needs to be pointed out that the opposite party herein lodged a complaint, in writing, which the accused-petitioner seeks to get quashed, the complainant's case being, in brief, thus: The marriage of the complainant was solemnized with the accused, on 28.04.1985, according to Hindu rites and customs. On the occasion of the marriage, many articles, gold ornaments and other gifts were given to the complainant. The complainant and the accused lived together as husband and wife till 2001, but they remained issueless. In the year 2001, the accused and other inmates of his house started torturing the complainant both mentally as well as physically, demanding car, flat/house and cash. Since acceding to such demands was beyond the capacity of the parental family of the complainant, she remained silent. The family members of the accused-petitioner continued with their mental as well as physical torture on the complainant and, one day, the present accused-petitioner threw out the complainant from his house and threatened to kill her if she did not leave Guwahati. As the complainant did not want to end her married life, she tried her best to reach a settlement, but failed. On having failed to live with her husband and relatives, she demanded return of her Stridhan, which had been entrusted to her husband and were under the dominion and enjoyment of the accused-petitioner and his relatives. However, the accused persons, who had been entrusted with the Stridhan of the complainant, kept all her properties (stridhan) with them, when she was driven out of her matrimonial house. In fact, even the ornaments, which the complainant had been wearing, at the time, when she was being driven out, were snatched away by the petitioner. Inspite of repeated requests for refund of Stridhan properties entrusted to the accused persons, as mentioned above, the same have not been returned and, instead, have been misappropriated and converted to the personal use of the accused persons. In fact, the accused persons have been dishonestly disposing of the properties of the complainant.

(3.) Following the complaint, which was so lodged, and having taken cognizance of offences, under Section 498A and 406 IPC, the learned Court below examined the complainant and her statement was recorded under Section 200 CrPC. In her statement, so recorded, the complainant repeated substantially the allegations, made by her in the complaint, of her having been subjected to cruelty and also stated that despite demands made by her, her Stridhan had not been returned to her by the accused persons, who had been entrusted with the custody of her Stridhan, and the same were being dishonestly misappropriated by the accused-petitioner.