LAWS(P&H)-2020-11-38

PADAM SINGH YADAV Vs. STATE OF HARYANA

Decided On November 26, 2020
Padam Singh Yadav Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Prayer in these petitions is for grant of anticipatory bail to the petitioners namely Padam Singh Yadav, Hari Singh and Savitri in FIR No.526 dated 11.11.2019, registered under Sections 323, 34, 377, 406, 498-A, 506 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Bilaspur, District Gurugram.

(2.) The petitioners namely Hari Singh and Savitri in CRM-M No.2172 of 2020 are the parents-in-law of the complainant - Ansuiya Yadav whereas the petitioner - Padam Singh Yadav in CRM-M No.2172 of 2020, is her husband.

(3.) Brief facts of the case as per the FIR are that the marriage of the petitioner - Padam Singh Yadav was solemnized with the complainant Ansuiya Yadav on 19.02.2011 and the girl side had given a cash of Rs.51 lacs as demanded by the accused persons and another amount of Rs.8 lacs was given on account of a Honda City car, which was purchased by the petitioner - Padam Singh Yadav, 15 days prior to the date of marriage. It is further stated in the FIR that sufficient dowry articles including costly gifts, gold ornaments were given, beyond the capacity from the girl's side. After the marriage, the complainant shifted to her matrimonial home in Sector 22-B, near Anand Farms, Gurugram and was shocked to find that all the 03 petitioners started taunting her for not bringing sufficient dowry as per their status. However, the complainant kept silent with a hope that things will improve with the passage of time. Out of the said wedlock, one boy namely Himaksh Yadav, was born on 16.11.2011 and later on, in the year 2012, the petitioner - Padam Singh Yadav shifted to London for a company project leaving the complainant and the child in India. The other accused namely Suman and Sushma, sisters-in-law of the complainant started visiting her matrimonial house frequently and forced their parents to terminate the service of the maid servants so that the complainant should do all the household work including preparation of food, cleaning and dusting of house, cleaning of utensils and bathrooms, etc. The complainant was taunted by calling her as a servant who should serve the accused persons. It is further stated in the FIR that the complainant and her child were deprived of the basic amenities and they were taunted by saying that if she need anything, she should bring money from her parents. In April, 2013, Padam Singh Yadav came back to India and his behavior became more cruel and he started beating and abusing the complainant without any rhyme and reason. Hari Singh and Savitri used to provoke him to give a torturous treatment to the complainant and her minor son, so as to coerced her to bring more dowry. The amount given at the time of the marriage for purchasing a plot and building a house for the complainant was mis-utilized and misappropriated by them. The complainant came to know that the petitioner - Padam Singh Yadav is having an extra-marital affair with a lady namely Deepali Salwan, who was working with him in the same company i.e. Tata Consultancy Services. On 30.12.2013, the accused - Padam Singh Yadav gave severe beatings to the complainant by kicking on her ribs, stomach and back in order to keep her mouth shut regarding his relationship with Deepali Salwan. The complainant became unconscious and managed to go to Pushpanjali Hospital, Gurugram to get herself treated. The copy of the medical record was attached with the complaint, forming base of FIR.