LAL SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) By way of this misc. petition, the petitioner Lal Singh has approached this Court praying for quashing of the proceedings of the FIR No.20/2014 registered at the Police Station Bali for the offences under Sections 498A, 406, 323 and 313 IPC.

(2.) Facts in brief are that the petitioner's son Shri Govind Singh was married to the respondent No.2 complainant Smt.Saroj Kanwar on 24.2.2011. It appears that the relations between the husband and wife became strained upon which, Govind Singh filed a divorce petition against the respondent No.2 Saroj Kanwar in the court of the learned Judge, Family Court, Udaipur on 15.4.2013. Notice of the divorce petition was served upon the respondent No.2 complainant and she filed a reply thereto on 18.9.2013.

(3.) While the proceedings of the divorce petition were still underway, the respondent No.2, lodged the FIR under challenge at the Police Station Bali on 13.2.2014 with the allegations that her parents had given substantial dowry in her marriage. For a few days after the marriage, the behaviour of her matrimonial relatives was cordial but when her brother came to fetch her after a month of the marriage, her mother in law, while seeing her off, commented that the dowry given in marriage was inadequate. The complainant was allegedly instructed by the mother in law to bring a necklace weighing 5 tolas for her and a car for the husband from her father's place while coming back. The complainant informed of this demand to her parents but since the amount could not be arranged for, the demand was not fulfilled. About a month later, her husband and her sister in law came to her father's house for taking her back. The above demand was repeated in presence of her parents. Her parents requested for some time to meet the demand upon which they went back without taking her along with them and clearly declared that she would not be taken back to the matrimonial home till the demand was met. A few days later, she was taken to the matrimonial home by her father and her cousin brother Mahendra Singh, where her husband, father in law, mother in law and sister in law taunted them saying that they were beggars. Her father pleaded with the accused and requesting them to take care of the complainant, left her at the matrimonial home and went away. The accused however, started torturing her. Small and trivial issues were blown up out of proportions and her husband, mother in law and sister in law used to beat her up frequently. They threatened her that the ill-behaviour would be continued till the demand of necklace and car was met. She somehow or the other tolerated the ill-behaviour meted out to her. Her husband and her father in law used to have liquour sitting together. On the second Sunday of Sept., both of them consumed liquour and then hurled abuses to her parental relations. She started crying whereupon her mother in law and sister in law came out. She was assaulted by her husband, mother in law and sister in law by kicks and fists. On the next day, she called her brother Krishnapal Singh, who came there. The accused misbehaved with him also. However, he assured the accused that the demand of car would be met after the loan taken on the occasion of the marriage was repaid. She further alleged that her husband used to behave with her cruelly in the night. He only used her body for satisfying his carnal desires. Thereafter, she was abused saying that she was ugly and belonged to a poor family. He also used to threaten her saying that he would leave her and marry again. She was tortured for failing to meet the demand of dowry and was threatened with divorce. She came back to her father's house in Dec. 2011 and consulted a doctor upon which, she was reported to be pregnant and was advised treatment. Being elated with the news of conception, she went back to the matrimonial home under the hope that hearing the good news of her having conceived, the accused would become happy and stop misbehaving with her. However, her matrimonial relatives, on hearing the news of her pregnancy, became apprehensive. She was pressurised to abort the child. Her husband threatened her that in case she did not abort the child, she would be divorced. All the other accused also used to tease and taunt her saying that her husband was to be remarried and therefore, the child was undesirable. Her sister in law used to bring tablets for abortion and her husband used to pressurise her to consume the same but she avoided and concealed the drugs. On a particular day, her husband saw the hidden tablets on which she was severely assaulted by the husband and the sister in law. In Feb. 2012, the accused started holding clandestine meetings. Her mother in law and sister in law started feigning good behaviour with the complainant and after taking her into confidence, she was taken to the doctor under the pretext of having her checked up. She was taken to a private clinic at about 9 O'clock by her husband, mother in law, father in law and sister in law. There, she was administered some injection after which, she became unconscious. When she regained senses, she found herself at the matrimonial home. She was feeling very faint at that time. A few days later, her husband asked her to return back to her father's house as she was ill. She was dropped back to her father's home by her husband on 20.2.2012. On the next day, she was taken to a doctor at Bali for testing. The doctor checked her and informed that she had suffered a miscarriage a few days back. Hearing this, she was deeply shocked and fainted. When her in laws were confronted with this information, they became apprehensive and started pleading forgiveness. However, as the complainant and the accused hail from Rajput families, where the second marriage of a girl is not possible, there was no option with the complainant but to continue tolerating the cruel conduct of the accused so that her marriage could somehow or other be saved. However, the husband and in-laws made no efforts for taking her back to the matrimonial home for many months thereafter. Her husband finally came to her father's house in Oct. 2012 and on his demand, a sum of Rs. 50,000.00 was given to him and the complainant was sent back to the matrimonial home. In Dec. 2012, her husband and in laws pressurised her to sign a divorce deed but she refused on which, she was beaten up and was forcibly turned out of the matrimonial home. She returned to her father's house and got herself treated. In Jan. 2013, her husband, mother in law and sister in law came to her father's house and again pressurised her to sign a divorce deed. She refused on which, all three started assaulting her in presence of her family members. Her brother Mahendra Singh and others intervened and saved her. She was taken to the doctor and was got treated for her injuries. She continued to put up with the misconduct of the accused but her husband and her other matrimonial relatives did not relent from their ill and indifferent behaviour and never took any steps for reviving the matrimonial ties. She further alleged that even after she had been turned out of the matrimonial home, her parents were continuously pressurised to fulfil the demand of dowry under the threat that she would be divorced. It was further alleged that when she was sent to her father's house on the first occasion after marriage, her gold and silver ornaments were retained by her mother in law, father in law and sister in law with the assurance that the ornaments would be kept secure and would be returned back whenever required. However, despite her demand, her ornaments were not returned. On the basis of this report, an FIR No.20/2014 was registered at the Police Station Bali for the offences under Sections 498A, 406, 323 and 313 Penal Code and investigation commenced.