GORAK NATH RAM Vs. NIBHAS

JUDGEMENT

(1.) The petitioners who are husband, father-in- law and mother-in-law respectively, of the complainant/opposite party have moved this Court in the instant application for quashing the order dated 14-8- 19% by and under which the learned Court below having found prima facie case against the petitioner, directed framing of charge under Section 406/498-A of the Indian Penal Code.

(2.) Before appreciating the contentions raised on behalf of the parties factual backgrounds may be stated briefly. On 26-5-1994 the opposite party filed a complaint before the Chief Judicial Magistrate, Ranchi, alleging, inter alia that she was married with petitioner No. 1 on 26-11-1992 and negotiation for the marriage was done at the instance of "one Chandirka Prasad in the month of June, 1992. After fulfilling the demands of the accused persons chheka ceremony was performed on 16-7-1992 at Ranchi and a specific date was fixed for marriage. Preparation for marriage began and the parents made arrangement for the stay of the Barat Party in Hotel Apsara at Ranchi. However, a fortnight prior to the marriage her father received a printed invitation card which completely disturbed the parents, friends and well-wishers of the complainant. In the meantime, said Chandrika Prasad came to her parents with a printed invitation card which was sent to him by Raj Kumar, brother of petitioner No. 1. It revealed from the said card that marriage of petitioner No. 1 was fixed with another lady named Poonam, daughter of one R. Prasad of Allahabad. On going through the said card the complainant's parents became nervous and to verify the real state of affairs immediately rushed to the residence of the petitioners on the same day. They were pacified by the petitioners but were told to give them Fridge, VC.P. coloured T.V a Maruti car and before the date of marriage, the petitioners were requested by the parents of the complainant to give up that excessive demand and to perform the marriage on the agreed demands made earlier. The petitioners were requested to consider the future of the girl and reputation of the family. After a great deal of persuation the petitioners agreed to perform marriage on the condition that the demands made must be fulfilled by the parents of the complainant within three months of the marriage. Similar invitation card, it is alleged, were distributed only to some persons at Ranchi with sinister design to blackmail the complainant's parents so that demands made earlier could be increased. In the evening of 2-11-1992 Barat party reached Ranchi and stayed at Apsara hotel and at about 7.30 p.m. the party came for Dwarpuja at the door of the complainant's house. Dinner party was hosted to entertain the Barat party after that it went back to the hotel for performance of other rites. Though Muhrat for the marriage was fixed at 12 in the night but neither the groom nor his relatives nor friends appeared till 11 p.m. which caused great anxiety in the minds of the parents of the complainant. Chandrika Prasad and others were sent to the hotel to know about the reason for delay. Chandrika Prasad and others having found that the Barat party was lazing off in the hotel premises, they went to the father-in-law, petitioner No. 2 and accused No. 4 to know about the delay. On inquiry accused asked them to bring the entire ornaments in the hotel and to hand over the,same to them. They also demanded the entire price of Maruti car at once threatening that the groom would not go for marriage if the said demands are not fulfilled. Chandrika Prasad and others found with surprise that petitioner No. 1, the groom was also supporting his relatives in the said demand. The matter was conveyed by Chandrika Prasad to the parents of the complainant and on hearing the same the mother of the complainant fell down unconscious. Her father was at a loss having found no way out to overcome this critical juncture. Again Chandrika Prasad along with relations and friends of the father of the complainant went to the hotel and handed over the entire ornaments to accused No. 2 and 4 in the hotel in presence of accused Nos. 1 and had to commit under pressure. There after the marriage was performed much after the Muhurat time. The complainant after marriage went to her-in-law house on 27-11- 1992 and stayed there for four days. Since her arrival in in-laws house she was made to digest the sarcastic remarks passed by her husband against her parents for not giving them dowry in commensurate with his status. Hurling of dirty abuses at them was a regular affair from petitioner No. 1. The complainant being shocked used to protest it but in the beginning she was roughed but soon thereafter she was subjected to assault physically by her husband. Constant threat of divorce was also given to her by saying that petitioner No. 1 had many women to spend night and atleast one of such ladies was deeply in love with him and she was ready to please him in more ways than one. The utterances of her husband were not taken seriously by the complainant at first, taking it to be pressure on her parents to meet the unreasonable demands of dowry. However, a with the passage, of time the husband hardened his attitude and intensified his torture on her and virtually menaced her in his house preventing her to go out of the house. She was served with scanty food and brutality went to a high extent. It is alleged that ail these tortures were with the sole intention to get the demands fulfilled earlier made by the husband with other in-laws. With a hope that her in-laws will one day or other mend their behaviour towards her, the complainant continued to suffer silently. Brutalities and insults were meted out to her inlaws. As a result of continuous torture and assault and for lack of proper food and care the complainant became very weak and and felt helpless. She was certain that her parents v/ere not in a position to meet such high demands of the accused persons inasmuch as her parents had three other daughters to give marriage and one son to give education. Ultimately OR 17-1-1993 as a result of brutal assault on her back by the husband, she became breathless and her husband threw her away all her garments etc. from the almirah. The husband, moreover, wrote a letter to her mother informing her about the tough attitude lately taken by him towards his wife. The complainant caught hold of the said letter as the husband forgot to post it and by inadvertence left it on the table. Finding no way the complainant had to send for her father in the last week of May and requested him to purchase a Fridge, VCP and a coloured TV as her husband was insisted upon those articles regularly. Father of the complainant had to are range for money through his friends and relations to save the life of his daughter and paid the husband Rs. 35,000/- out of which her husband pur chased a Fridge, VCP and a coloured TV. Even after receiving the said amount pressure for other demands continued with regular feature. On 18-7-1993 a personal diary of her husband was found with a note of her husband which was to the effect that he had some association with one Usha Marsaria. As soon as she produced the said diary before her husband irs the evening, for a moment, he was taken aback but, thereafter, admitted before her about the relationship with the above lady and few other. Her husband could not deny that the said noting which was in his own hand, bore his signature. Extra marital relations with other women was admitted by her husband before her. OK the next day she was mercilessly assaulted by her husband and being restless with pain she immediately sent message to her mother. Her mother came rushing and took her to Dr. Mr. S. Chakravorty who' prescribed her medicine and advised her to get admitted in a Nursing Home for rest and care. The complainant was admitted in Prasad Nursing Home on 19-7-1993 in presence of her husband and immediately after her admission on the Nursing Home he disappeared from there and telephonically asked his mother-in-law to take her to her house. Her parents requested the husband of the complainant to take back his wife but without any result and since then her husband has not only refused to take her back but has also refused to. maintain her. Realising the stern attitude of petitioner No. 1 ultimately to complainant's parents requested him to return the ornaments and other stridhan 10 the complainant. But, it is alleged thai the said request was also not given any importance. Ultimately her parents went to accused Nos. 2 to 4 at Ranchi and narrated the entire episode. The accused persons did not give any importance to their predicaments and, on ether hand, informed them their marriage of accused No. 1 had already been settled with a girl of a rich family who had agreed to meet their demands of dowry including a Maruti Car. When the parents of the complainant requested for return of the stridhan, they were refused by saying that those ornaments will be presented to the new bride. With the'se allegations the complainant has stated in her complaint petition that realising the miseries and anxieties of her parents and other family members she feels like committing suicide but restrained herself from doing so realising the status of her parents and the family in the society and the future of her brothers and sisters. On refusal by the police to take any action the complainant had to file the instant complaint petition before the Court below with a prayer to punish the accused persons in accordance with law.

(3.) After investigation charge sheet "was filed and cognizance was taken and after perusal of the evidence on record and hearing the panics, the learned Court below, being prima facie satisfied, directed to frame charge against the petitioners under the aforesaid Sections of the Penal Code. In this connection it is pertinent to mention that the Court below has not framed any charge against accused No. 4, namely, Raj Kumar Ram, dewar of the complainant as, according to it, no sufficient materials were there to frame charge against him.