ANIL MEHRA Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) F .I.R. No. 96 dated 8.6.1999 has been registered at Police Station Sector 36, Chandigarh under Sections 406 and 498-A I.P.C. on the complaint lodged by Anisha Mehra, the wife of Ist petitioner-Anil Mehra wherein the following material allegations are found :-

(2.) THE marriage between the complainant and Anil Mehra was performed on 7.2.1993. The dowry articles were entrusted to Anil Mehra, Hari Om Mehra (father-in-law) and Kiran Mehra (mother-in-law of complainant) to be handed over to the complainant at matrimonial home. From the beginning, the petitioners and other accused showed their greed. One day, the complainant was informed by her husband that she had not brought sufficient dowry according to their expectations. Petitioners always demanded a car and Rs. 2 lakhs. About one month after the marriage, Anil Mehra wanted a new luxury car and so, the complainant should bring Rs. 2 lakhs. The refusal annoyed her husband who abused her, and even beat her. About two months after the marriage, the petitioners herein demanded Rs. 25 lakhs' bank guarantee for extending the business. When this was refused, the accused were annoyed and started torturing the complaint. In October, 1993, the petitioners demanded Rs. 1,50,000/- for extending their business which was met by the father of the complainant. That in June, 1993, the torture was so much that the complainant decided to end her life by swallowing sleeping pills. The 4th petitioner threatened to kill the complainant always. During April, 1997, when the complainant was unable to bear the torture of the accused, she lodged a complaint in Police Station Sector 36, Chandigarh, but each and every time the accused wanted to delay the matter by compromise. The written agreement states that the complainant's husband will stay apart on the upper floor of the house. The complainant and accused started residing in one room from November, 1996, but all the dowry articles and jewellery were in the possession of petitioners 1 to 4. The first petitioner demanded a Kinetic Honda for his use and that was also met. In December, 1996, the Ist petitioner in order to kill the complainant, used to keep the gas open so that she could be burnt. On the persistent demand of accused 1 to 8, the father of the complainant gave a Maruti car CHK-5551 to the Ist petitioner. On 23.3.1999, the complainant was fed up by the daily torture, and threat to her life and her infant child and, therefore, she came back to her parents' house along with her child. She also lodged a complaint (DDR No. 31 dated 23.3.1999) at Police Station Sector 36, Chandigarh, but no action has been taken. In April, 1999, the 3rd petitioner telephoned the complainant and demanded Rs. 1 lakh in order to deposit the same in Court against the dishonoured cheque. The complainant and her husband withdrew Rs. 50,000/- from the account of the complainant and the complainant gave the money to the accused. All the petitioners demanded cash from her parents from time to time and the complainant's parents gave cheques as follows:

(3.) I have heard the counsel for both the sides and perused the records on file.