INDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCORDING to the prosecution, Smt. Bhateri Devi was married to Satish son of Inder Singh, resident of Safidon on 16.4.1990. In the marriage quite adequate dowry was given. Three months after marriage there was expression of dissatisfaction regarding adequacy of dowry brought by Smt. Bhateri Devi by her husband Satish, husband's brother Babu Ram, mother-in-law Kamla Devi and father-in-law Inder Singh. They started maltreating/illtreating/taunting Smt. Bhateri Devi. In that behalf Smt. Bhateri Devi got a case registered under sections 498-A and 406 of the Indian Penal Code vide FIR No. 22 dated 13.1.1994 which was pending trial and the next date was 4.9.1997 for recording prosecution evidence in that case. On 4.9.1997, Smt. Bhateri Devi did not go to Karnal for attending the hearing of that case.

(2.) ABOUT two years ago Inder Singh petitioner No. 1 shifted his family from Safidon to Panipat. He started residing with his family in New Ramesh Nagar, Tehsil Camp, Panipat in his house. Smt. Bhateri Devi had filed an application for maintenance under section 125 of the Code of Criminal Procedure against her husband. Satish Kumar was sent to jail on account of non-payment of maintenance by him to Smt. Bhateri Devi. Baradri Panchayat gathered which brought about compromise. In the wake of that compromise Smt. Bhateri Devi started putting up with her husband and his family. She withdrew application for maintenance.

(3.) ON 5.9.1997, Subash, who is Bhateri Devi's brother, Zile Singh also went to see Smt. Bhateri Devi. She told them that her husband, mother-in-law, father- in-law and husband's brother came to her in their room and threatened her that she would dissuade from appearing in case under sections 406, 498-A of the Indian Penal Code (ibid) and if she deposed against them in that case the consequences would be disastrous. Subash and Zile Singh suggested Bhateri Devi that they would sort out the matter with them. In the meantime Satish came and told Subash that he had filed divorce case against Smt. Bhateri Devi at Karnal. They advised Subash also. Thereafter they returned to village Kutail i.e. the village of Subash.