PREM KUMAR Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-3-81
HIGH COURT OF MADHYA PRADESH
Decided on March 24,2021

PREM KUMAR Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

G.S.AHLUWALIA,J. - (1.) This application under Section 482 of Cr.P.C. has been filed against the order dated 19-2-2020 passed by Xth Additional Sessions Judge, Gwalior in Criminal Revision No.23/2019, thereby affirming the order dated 10-12-2018 passed by J.M.F.C., Gwalior in Criminal Case No.1543 of 2018, by which the application filed by the applicants under Section 239 of Cr.P.C. has been rejected.
(2.) The undisputed fact is that the applicant no.1 is the uncle-inlaw and applicant no.2 is the unmarried sister-in-law (Nanad) of the complainant.
(3.) The facts necessary for disposal of the present application in short are that on 19-4-2018, the complainant lodged a F.I.R. against the applicants as well as against her other in-laws alleging that, her marriage with Virendra Chandel, took place on 18-11-2013. Her father had given an amount of Rs.6 lacs in engagement, gold ring to her husband, gold ornaments of Rs.2 lacs, Rs.1 lac at the time of arrival of barat and Rs.2 lac at the time of departure of barat, Rs. 40,000/- for purchasing articles. Her father also spent Rs.1 lac for giving cloths to the persons who had attended the engagement and also spent Rs.1,70,000/- on marriage and in all, her father spent Rs.20 lacs in the marriage of the complainant. It was alleged that immediately after the marriage, her husband, mother in law Smt. Pista Devi, the applicant no.2, her younger brothers-in-law (Devar) Ranjeet and Ravi, father-in-law Suresh Kumar and the applicant no.1 started passing taunts that the complainant has brought less dowry and started harassing her mentally and physically. They also stated that unless and until She brings an additional dowry of Rs.5 lacs, she will not be able to reside peacefully. When the complainant informed, that her father is a retired employee and has spent the entire retiral fund in the marriage of the complainant, then her in-laws started harassing the complainant. The husband of the complainant is generally residing in Bhopal, however, he was compelling the complainant to reside in her matrimonial house. Her in-laws used to lock her in a room and also were not providing food. They also used to pass a taunt, that they have brought her for doing household work, therefore, She would do all those things which are desired by them. The complainant must forget about her studies. Her in-laws were not permitting her to talk to anybody. Whenever She fell ill, medical treatment was not provided. When the complainant became pregnant, then She was forcibly sent to her parental home. The expenses of delivery were borne by her father. On 9-9-2014, the complainant gave birth to a girl child, however, none of her in-laws visited the hospital. Thereafter, the complainant was not allowed to live peacefully and was continuously harassed. They also used to extend a threat that unless and until She brings the dowry of Rs.5 lacs, they will kill her and her child. Accordingly, she had made an application against her husband and her in-laws. Her husband was called for reconciliation purposes, but the matter could not be resolved. On 22-3- 2018, her husband Virendra Chandel, father-in-law Suresh Chandel, Mother-in-law Smt. Pista Chandel, brothers-in-law Ravi and Ranjeet came to her parental home and again started demanding Rs.5 lacs. They also expressed, that unless and until, their demand is fulfilled, they will continue to harass her. When the complainant and her father expressed their inability to fulfill their demand of dowry, then they started abusing and beating her. They also misbehaved with her mother. When the neighbourers came on the spot, these persons went away. Accordingly, the FIR was lodged.;


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