KAMLESH NEGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioners challenging the order dated 29.10.2009 passed by the learned Judicial Magistrate No. 2, Jodhpur in Case No. 19/09 whereby the learned Magistrate has taken cognizance against the petitioners for the offences under Sections 498A and 406 of the IPC. The facts of the case are that the petitioner No. 1 Kamlesh Negi and Smt. Hema Negi respondent No. 2 herein were married on 14.4.1994 at Noida. After the marriage, the complainant stayed for some time with the accused at the government residence of the accused No. 4 namely Jagmohan Singh Negi. The complainant has alleged that she was never taken to the ancestral home of the accused at Kanpur. She further alleged that the total dominance in the house was that of Jagmohan and Smt. Kamla the uncle and aunt of the petitioner No. 1. The complainant further alleged that despite the fact that her horoscope did not match with the petitioner Kamlesh, the accused No. 3 Kamla Negi fraudulently got the horoscope match because the accused No. 1 was unemployed at that time. The accused party were eager to marry the accused No. 1 Kamlesh Negi with the complainant as they had a greedy eye on the wealth of the complainant's father. The complainant alleged that even before the marriage, the accused pressurized her parents that they should cooperate with Kamlesh Negi for establishing a gas agency and a petrol pump. The complainant further alleged that the auspicious day recommended for the marriage was 13th April 1994 but, as the birthday of the petitioner No. 2 Smt. Kamla fell on 14th April, the marriage was shifted to the said date. The complainant further alleged that after her marriage with the petitioner No. 1 Kamlesh, she was treated with extreme cruelty by her husband on the instigation of her uncle-in-law, aunt-in-law and mother-in-law. All the accused used to harass her on count of demand of dowry and used to taunt her frequently. She was asked to bring a sum of Rs. 5 lacs from her father so that gas agency and petrol pump could be set up for the accused Kamlesh. The complainant alleged that ultimately when the harassment exceeded all the limits, she called her father over phone and requested him to come down to her matrimonial home. Her parents came to Noida and tried for a settlement but the accused did not pay any heed to their efforts and instead, continued the harassment of the complainant. The complainant further alleged that all through the period, she remained with her husband, he never took for any outing but rather, used to take the petitioner No. 2 Smt. Kamla out with him. She further alleged that her aunt-in-law Smt. Kamla herein did not desire that the complainant should bear a child and the uncle-in-law Sh. Jagmohan also cooperated in the said evil design of Smt. Kamla. The complainant also alleged in her complaint that her father retired as a Chief Engineer from the ONGC at Jodhpur and that he spent a sum of Rs. 15 lacs in the marriage and showered the house of the accused with gifts and dowry articles. Ultimately she has alleged that after 4-5 months of the marriage, i.e. in September 1994 the cruelty of the accused exceeded all limits and the complainant was assaulted in relation to the demand of Rs. 3 lacs and when the complainant did not accede to the illegal demands of the accused, she was turned out of the house in the clothes, which she was wearing. The complainant reached the house of her sister, who lives at Delhi and told her of the misfortune, which had befallen her. The complainant's parents and other relatives tried to make the accused understand but they did not relent to the requests. The complainant further alleged that after being turned out of 'the matrimonial home, she was living at her father's house. She was forced to file an application for maintenance in the Family Court Jodhpur in 1996 on which the accused came to Jodhpur and agreed to take the complainant back in matrimony only if she consented to stay in the house as a servant and did not interfere in the relations of the accused Kamlesh and Smt. Kamla and further on the demand of Rs. 3 lacs dowry being met.

(2.) The accused Kamlesh filed a divorce petition in the Court at Ghaziabad in the year 1999. In pursuance to the summons issued by the Court, the complainant went to Ghaziabad and tried to persuade the accused for taking her back into matrimony. The accused however, repelled all her efforts and instead forced the complainant to accede to the application for a divorce. The complainant however, resisted these attempts of the accused. Since, the attempts of the accused to force the complainant into agreeing to a divorce did not succeed, the accused did not appear for persuading the divorce application on numerous dates on which, the Court dismissed the application. Thereafter, the accused did not appear in the Court on 5 dates upon which the Court dismissed his divorce application. The complainant further alleged in her complaint that the accused Kamla got the petitioner No. 1 married with a girl named Kiran, who was a resident of Pauri Garhwal and that a child has also been born from the said wedding. The complainant further alleged that the accused by entering into a second marriage has committed a serious offence of bigamy and that her Stridhan was also not returned and thus, the accused should be prosecuted for the offences set out in the complaint.

(3.) The learned trial Court proceeded on the complaint by recording the statement of the complainant under Sec. 200 of the Cr.P.C. The complainant in her statement repeated all the allegations which were levelled in the complaint, but significantly enough, she remained silent about the incident of the year 1996, which has been referred to in para 5 of the complaint. She has only stated that she filed an application in the Family Court Jodhpur for maintenance wherein, the Court awarded a sum of Rs. 500/- per month as maintenance to her. She has made one addition in her statement and has alleged that on 18.10.2008 Kamlesh, her uncle-in-law, aunt-in-law came to Jodhpur to attend the date of hearing in the Family Court and thereafter they came to her father's house and quarreled with her and tried to force her to sign the divorce papers to which she refused. She has made no allegation that the accused made any demand of dowry from her or her father when they came down to Jodhpur. After the complainant was examined under Section 200 Cr.P.C. the learned Magistrate forwarded the complaint to the Police for enquiry under Sec. 202 Cr.P.C. whereupon certain statements were recorded by the enquiry officer and the report of enquiry was filed in the Court. The learned Magistrate by the order dated 29.10.2009 proceeded to take cognizance against the petitioners and summoned them for the offences u/Sec. 498A, 406 and 323 IPC. The petitioners have now approached this Court by way of the instant misc. petition assailing the order taking cognizance.