KANCHAN NAGPAL Vs. GOBIND LAL NAGPAL

JUDGEMENT

(1.) Petitioner - complainant - Kanchan Nagpal has filed the present petition under Section 482 CrPC for setting aside the order dated 10.07.2018 (Annexure P-6) passed by Judicial Magistrate Ist Class, Bhiwani, whereby the application filed by the petitioner under Section 319 CrPC to summon respondents no.2 to 8, as additional accused, was dismissed. Further challenge has been laid to judgment dated 26.04.2019 (Annexure P-8) passed by Additional Sessions Judge, Bhiwani, whereby the revision petition preferred by the petitioner against the order dated 10.07.2018 was dismissed.

(2.) As per the allegations so made by the petitioner-complainant in FIR No.0330 dated 17.08.2016 under Sections 323, 34, 498A, 506 IPC registered at Police Station Bhiwani City, Bhiwani, the marriage of the complainant was solemnised with Manish Nagpal on 14.04.2014, by the father of the complainant-petitioner who gave dowry beyond his capacity. Even at the time of engagement, more cash was demanded by the respondents-accused, which was duly given to them. Thereafter, the parents of the complainant were asked to give more dowry, big car, expensive jewellery. Soon after the marriage, the in-laws started maltreating the complainant, as they were not satisfied with the dowry brought by the complainant. The in-laws of the complainant started taunting her and also tortured her mentally and physically. On number of times, she was pulled by hairs, given beatings and locked in the room. At times, she was thrown out of the matrimonial home during night time. Her sister-in-law Monika Singh and brother-in-law Vinay Kumar Singh also mentally tortured her on many occasions, whereas her mother-in-law Kailash Nagpal and her husband Manish Nagpal kept on torturing her physically daily. When the complainant complained against the accused to her parents, her father-in- law G.L. Nagpal threatened to kill them. Her husband's uncle Shyam Sunder Nagpal and aunt Varsha Nagpal used to give her false solace, so as to prevent her from taking legal recourse. Her brother-in-law Rajnish Nagpal pulled her from hairs and gave beatings on several times. The son of her husband's Mama got her signatures on blank papers and made her and her husband to leave the house. Her husband left the house on 30.03.2016 saying that he was going to Hyberabad for some work. Thereafter, on reaching there he never telephoned her. Whenever the complainant made a phone call to him, he never picked the call and switched off his mobile phone. On 06.04.2016, a person came to her with divorce papers, which she refused to receive, because no quarrel whatsoever had taken place between the complainant and her husband on 30.03.2016. The aforesaid FIR was investigated and the respondents- accused sought to be summoned were found innocent. Thereafter, an application was filed by the complainant under Section 319 CrPC for summoning of Gobind Lal Nagpal (father-in-law), Smt. Kailash Nagpal wife of Govind Lal Nagpal (Mother-in-law), Rajnish Nagpal son of Govind Nagpal (Devar of Complainant), Monika Singh sister-in-law of the complainant and wife of Sh. Vinay Kumar Singh, Vinay Kumar Singh (Nandoi), Shyam Nagpal, uncle of the husband, Versha Nagpal wife of Shyam Lal Nagpal, Vipin Dhall son of maternal uncle of husband of complainant, as additional accused.

(3.) The said application for summoning of the respondents- accused, as additional accused, was dismissed by learned Magistrate on the ground that the health condition of mother-in-law Kailash Nagpal and father-in-law Govind Lal Nagpal is not good. Kailash Nagpal is getting treatment for chronic type-II respiratory failure. She is on continuous oxygen therapy + non-invasive ventilatory support at home (BIPAP) since 23.01.2014. Her functional activities of daily livings are affected because of respiratory disability and she is almost bed ridden. Any activity beyond the activities of daily living carry a risk of cardio pulmonary decompensation including cardio pulmonary arrest. Similarly, as regards Gobind Lal Nagpal, father-in-law, who is 77 years of age, is suffering from Acute Extensive Wall M1, single vessel disease, Post PTCA with stent to LAD(2014) LV Dysfunction (EF-47%) and chronic cystitis with mild hepatomegaly. Due to his health condition, he has been advised to avoid stressful situations and prolonged exertional activities. He is required regular follow up at a tertiary cardiac care centre and long term medications. Thus, it was found father-in-law and mother-in-law of the complainant are having very bad health conditions and are under regular treatment. So far as the application of the complainant qua sister-in-law Monika Singh and her husband Vinay Kumar Singh is concerned, it was found that they live in Delhi and are not residing with in-laws of the complainant and they have is no connection in the case. There are other distant relatives of the husband, who are already facing trial and with this minute classification of role and relation of the accused in demand of dowry, learned Magistrate has declined the application vide order dated 10.07.2018.