BALDEV RAJ, DIG (RETD ) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE matrix of the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, the marriage of complainant Smt.Shaweta d/o Ashok Kumar Sarangal (respondent No.6) (for brevity "the complainant"), was solemnized with Partish Raj son of petitioners Baldev Raj & Kanta Kumari, on 29.4.2008, according to Hindu rites & ceremonies in Hotel New Fortune, Jalandhar. The complainant claimed that the golden ornaments and other dowry articles were given to the accused by her parents at the time of engagement and marriage, by spending a huge amount of Rs. 10 to 11 lacs, (the details of which is mentioned therein in the list). The accused were stated to have come to the house of her parents, ten days prior to the marriage and asked them to give luggage/dowry articles as per the list supplied by them as per their status. It was claimed that besides the customary gifts, clothes, fridge, almirah and other traditional items were also given at the time of marriage. Although the parents of the complainant had given more than sufficient dowry articles and cash beyond their capacity, but still, the accused were not satisfied. After solemnization of the marriage, the couple resided together, cohabited as husband & wife and a son, namely Gaurish was born out of their wedlock.

(2.) THE case of the prosecution further proceeds that immediately, after solemnization of the marriage, the accused started harassing and taunting the complainant on the ground that they were expecting a car or Rs. 5 lacs in lieu thereof, but her parents did not give the car or cash. They repeatedly demanded car. She showed her inability to fulfill the illegal demand of car by the accused. Thereafter, they gave beating and threatened her to turn out of her matrimonial home. In pursuance thereof, her parents deposited Rs. 25,000/ - in the month of May, 2008 and Rs. 25,000/ - in the month of July, 2008 in her account. However, the amount was withdrawn by the accused. It has been specifically mentioned that when the complainant became pregnant, the accused refused to bear the expenses of her delivery on the ground that her parents have neither given car nor paid an amount of Rs. 5 lacs in this regard. On 10.3.2009, the accused have turned her out of the matrimonial home and threatened that in case, she did not bring the pointed amount or car, then, there is no place for her in her matrimonial home. A biradari panchayat was convened and parents of the complainant requested the accused to keep her in her matrimonial home, but in vain. The accused reiterated the demand of Rs. 5 lacs and the car. That means, very direct and specific allegations of heinous offences are assigned to the petitioners in the earlier complaint (Annexure P3) and impugned FIR (Annexure P1).

(3.) LEVELING a variety of allegations and narrating the sequence of events in detail, in all, according to the complainant that she was harassed, tortured, beaten up and was treated with cruelty in connection with and on account of demand of dowry by the accused. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioners and their son Partish Raj, vide FIR No.13 dated 31.12.2010 (Annexure P1), on accusation of having committed the offences punishable under Sections 498 -A and 406 IPC by the police of Police Station Women Cell, Jalandhar in the manner depicted here -in -above.