NAVNISH UTTAM Vs. UNION TERRITORY

JUDGEMENT

(1.) By means of this Crl. Misc., Navnish Uttam and his father Sh. Som Parkash Uttam haveprayed for the grant of anticipatory bail to them in case F.I.R. No. 116 dated 16.9.1998 under Sections 406/498-A, Indian Penal Code, of Police Station Sector 36, Chandigarh.

(2.) The prosecution case, in brief, is that Smt. Arpana was married to Sh. Navnish Uttam, s/o Sh. Som Parkash Uttam, on 15.4.1994. Prior to that, on 18.7.1993 roka ceremony was performed. On that occasion, her parents gave gold ginni with Rs. 1,100/-as shagan to Navnish Uttam and Rs. 1,100/- to the members of his family. On 19.12.1993 engagement ceremony took place which was attended by about 60 persons from the side of Sh. Navnish Uttam. On the demand of Uttam family, arrangement for their stay for the night was made. Refreshments, dinner and break- fast were served to them. At the time of their arrival; refreshment was served to them in Kisan Bhawan at 4.00 p.m. The ceremony was performed at 7.00 p.m. Rs. 11,000/- was given to Navnish Uttam as shagan with one heavy gold chain with gold locket in the ceremony. He was also given 101 silver coins. On the silver coins was embossed her name, Navnish Uttam's name and the date of ceremony. A silver thali with two silver katoris, one spoon-all weighing about 500 grams-was also given to him. He was given woollen and summer suits with ties, shoes and shirts. She put gold ring in the ring finger of Navnish Uttam and this was the ring ceremony. His father Som Parkash Uttam was given woollen shawl, a woollen suit with shirt and five silver coins. Her mother-in-law Smt. Rani Uttam was given a shawl, woollen suit, Banarsi silken sari and five silver coins. Her husband's brother was given woollen suit with Rs. 501 /- as shagan. Her husband's sister Jyoti was given dress consisting of skirt and top with Rs. 501 /- as shagan. Her mother-in-law and father- in-law were also given Rs. 5/500/- as shagan for their other friends and relatives. As a prelude to her marriage, her parents gave one Videocon coloured television, one Videocon V.C.R., one Videocon automatic machine which were handed over to his parents and brother for safe custody. As per their demand, her parents served them lavish dinner at Kisan Bhagwan where they had made arrangements for the stay of 60 persons on 20.12.1993 also. They were served breakfast as demanded by her in- laws. Packed lunch was given to all the 60 persons with steel tiffins as gifts. Her parents had to incur a huge expenditure on the engagement ceremony and for arranging their stay at Kisan Bhawan. A video reel of the ceremony was got prepared by her parents. At the time of ring ceremony that took place on 19.12.1993, Navnish and his parents gave one gold ring, one gold Rani Haar (queen necklace), jhumka and Hkka weighing about 10 tolas alongwith two Banarsi silken saris and two silken suits to her (Arpana). In fact, these items were handed over to Navnish Uttam and her parents, brother and sister at the time of handing over the items of dowry after marriage. On the demand of Som Parkash, Smt. Rani and Sh. Navnish Uttam the marriage was performed with great pomp and show at Jammu. At the time of milini, one woollen shawl was given to Shri Som Parkash Uttam, as also a gold ring and silver coins. Similarly, her mother-in-law was given a woollen shawl, a set of gold ornaments. Her husband's brother Vikas was given one woollen shawl and one ring of gold. Her sister-in-law was given one woollen shawl and one pair of tops of gold. She was given ornaments, furniture and allied articles, namely double beds, a dressing table, etc., 31 saris, 20 suits, 2 lehngas, 2 nighties, 10 woollen shawls, 5 woollen sweaters, etc: Six double bed sheets, 6 bed sheets, two pillows, etc., one imported Banarsi suit, one full steel set, one full Hawkins non-sticking, one mixture (mixer ) of Gopi Company, etc. Details of ornaments, etc. have been given in the F.I.R. Similarly, details of ornamnets and Wari/clothes given to her by her in-laws have been given in the F.I.R. According to Smt. Arpana, although her parents had spent a lot, her in-law's family was not satisfied with the dowry brought by her in the marriage and she overhead them saying that the dowry brought was of inferior quality and they were using derogatory language against her parents. Her in-laws were not at all satisfied by the gifts and dowry given by her parents to her husband and his other relatives. Her in-laws were raising demand for Maruti car, air conditioner, refrigerator, etc., which they felt, should have been given to them at the time of marriage. Every article given in dowry and stridhan was entrusted to her husband, his father, mother, etc. Ornaments given in dowry and on other occasions were entrusted by her husband to his parents and the same have been in their possession. According to her, she has been wearing only one small chain and a pair of small tops. On the occasion of birth of daughter named Mithu to her, one chain of gold and a locket with thename of Mithu engraved on it was given by her parents to Mithu, Rs. 10,000/- was given as shagan which was deposited as Fixed Deposit in the name of Mithu in some finance company located at Jammu. She received a shagan of Rs. 10,000/- from her in-laws and their relatives as Moohn dikkai, out of which a sum of Rs. 8,000/- was got deposited in her name in a private finance company located at Jammu in the month of May, 1994. At chhoochhak, her parents gave dresses to all the members of the family of her in-laws and also toys, beddings, etc. Those items were also entrusted by her husband to his parents. Still her in-laws were not satisfied with whatever was given to them. Her father-in-law asked for a car, saying that her father had promised car at the time of marriage but he did not fulfil the promise. Her sister Jyoti asked for fridge, her husband's brother Vikas asked for air-conditioner as the cooler brought by her was not adequate for their needs. Her father was unable to fulfil their demand for Maruti car as he had never promised to give Maruti car. Her husband made demand for bringing cash from her parents so that he could start some agency of good products/electronics goods. Smt. Arpana has a given long story of the ever increasing demands of her in-laws and the fulfilment of those demands also to some extent.

(3.) According to her, on the night intervening 9th and 10thOctober, 1997, when she was asleep in her room on the upper storey of the house she was beaten by her husband and her brother-in-law Vikas. Vikas tried to kill her with her dupatta tied around her neck. On 1.11.1997, she was turned out of the matrimonial home in three clothes with her minor daughter and was left at Bus Stand, Chandigarh by her husband who returned warning her that she should bring Rs. 50,000/- atleast from her father, on 12.12.1997, her husband came to her parental house at Chandigarh and asked for Rs. 2 lacs for the new business which he was contemplating to set up. But parents expressed their inability to arrange that amount. He felt annoyed. He left her parent's house and stayed in City Hotel at Mohali. he rang up her father from that hotel threatening him to pay him 50% of the retiral benefits. Her father retired on 31.7.1997. It was in view of her father's retirement that he asked for 50% of the retiral benefits. Her father's effort to bring about reconciliation did not bear any fruit. Her husband repeated his demand for 50% of the retiral benefits of her father. Her father-in-law repeatedly asked for Maruti car. Her husband's brother asked for AC while her mother-in-law and sister-in-law asked for a refrigerator. On 13.6.1998, her husband came to Chandigarh and repeated his demands. Ultimately her father agreed to spare some money from his service retiral benefits which he was going to receive in view of Fourth Pay Commission recommendation if her husband agreed to maintain her at the matrimonial home and committed no act of cruelty on her. He asked her father to bring her and the child to Jammu with the amount but he did not stay at her parental home. Case as afore-mentioned was registered at Police Station Sector 36, Chandigarh, at her instance.