Vinod Prasad - (1.) -Heard Sri Rama Nand Pandey learned counsel for the applicants in support of this criminal misc. application at the stage of admission and the learned A.G.A. in opposition.
(2.) APPLICANTS who are husband, father-in-law and mother-in-law of complainant respondent No. 2, have prayed for quashing of proceeding launched by her, being Complaint Case No. 2011 of 2007, Smt. Bahawan v. Budhayee and 3 others, under Sections 452, 498A, 323, 504, 506, I.P.C., Police Station Sahjanwa pending before IIIrd Judicial Magistrate, District Gorakhpur. Allegations against the applicants, in bird eye view, are that complainant respondent No. 2, Smt. Bahawan was married to Budhayee (Non-applicant) son of Sursati (applicant No. 1) and Fanci (applicant No. 2). Applicant No. 3 Mahendra is her dewar. Smt. Bahawan was blessed with four issues from the wed lock namely Gunja, Chandan, Madan, and Nandan. Subsequent to her marriage, her Dewar Mahendra, applicant No. 3, also got married and in his marriage a motor cycle was given in dowry. Resultantly, because of greed, a demand of a Hero Honda Motor Cycle was made from Smt. Bahawan, the complainant, as well by her husband, father-in-law, mother-in-law and her dewar. Complainant repeatedly requested that her parents are not in a position to fulfil the demand but her plea went unheeded. The accused including the three applicants - her dewar and two in-laws, in lieu of motor cycle, even offered an option to her to pay the price of the said Hero Honda motor cycle. Non fulfilment of demand resulted in torture and harassment of complainant wife, both physically and mentally, and she was even kept hungry. Father of the complainant, when received the information regarding her daughter's torture and harassment, he tried to pacify the accused but, because of their maliciously rapacious conduct, his request also went unheeded. Meanwhile, husband Budhayee abducted Bindu, a girl of class IX of his village which crime engulfed an atmosphere of terror in the village, because of which, complainant had to shift to her parental house along with her children.
(3.) ON 29.10.2007, Budhayee, (husband), Fanci (father-in-law), Mahendra (dewar) came to the parental house of the complainant and repeated their demand of Hero Honda motor cycle. They also informed complainant that Budhayee, her husband, has solemnized a second marriage with Bindu (abductee). ON refusal by the complainant and her parental relatives to fulfil the demand of motor cycle, wife was assaulted in their presence and also in the presence of Village Pradhan Ram Kewal, Jarrar, Shiv Kumar and many other co-villagers. Wife sustained injuries because of the assault made on her. While retreating from her parental house the assailants threatened and accosted her that they will not take her back. Complainant got herself medically examined in district Gorakhpur, vide Annexure-2, and went to lodge a report at the police station but failed in her attempt. She then dispatched an application, through registered post, to the higher authorities but even that did not yield any result. Left with no option she filed complaint, Annexure-1, before the Magistrate, which complaint was registered as Complaint Case Number 2011 of 2007, Smt. Bahawan v. Budhayee and 3 others under Sections 452, 498A, 323, 504, 506, I.P.C., Police Station Sahjanwa, in the Court of IIIrd Judicial Magistrate, District Gorakhpur. Statement of complainant was recorded under Section 200, Cr. P.C. (Annexure-3) in which she fully corroborated her allegations levelled in the complaint. Her witnesses village Pradhan Ram Kewal, P.W. 1 and Jarrar, P.W. 2 also supported her allegations in all material aspects of allegations in their statements recorded under Section 202, Cr. P.C. (Annexures-4 and 5). All the three deposed that complainant was tortured and assaulted because of non-fulfilment of demand of Hero Honda Motor Cycle by her husband, father-in-law, mother-in-law, and her dewar.;