KIRPA SHANKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Anita wife of Prem Batham complained against her husband Prem Batham, her brother-in-law Kirpa Shankar, the petitioner herein, and the other family members of her husband on the ground that she was being treated cruelly in relation to the demand for dowry and that the articles of dowry entrusted have not been returned to her. On the basis of the allegation made by the complainant, F.I.R. No. 955 dated 14.10.1998 came to be registered at Police Station N.I.T., Faridabad under Sections 498-A and 506 Indian Penal Code.

(2.) The complainant had alleged in her complaint that on the 7th day after her marriage, when her father and brother had come to her marital home and asked her in-laws to send her with them, petitioner Kirpa Shankar, her husband, her brother-in-law and others had demanded Rs. 25,000.00 from her father. She has also alleged that she was given beating by them. According to her Rs. 25,000.00 was paid to the petitioner Kirpa Shankar on 5.8.1997. She has also alleged that during the period of six months after her marriage when she was in her marital home, her husband, mother-in-law, brother-in-law (jeth), sister-in-law used to pressurise her to bring Rs. 1 lakh. She has also stated that her brother-in-law, sister-in-law and father-in-law i.e. all her in-laws tried to burn her alive on two occasions. She has stated that she was brought by her father from the house of her in-laws on 6.8.1997 and ever since she has been residing in her father's house. According to the complainant, all the dowry articles are in the possession of her in-laws.

(3.) I have heard counsel for both the sides and perused the records on file.