- (1.) Petitioner married the Respondent No. 2 on June 22, 2004. The marriage was solemnized at Balia in the State of Uttar Pradesh. The Respondent No. 2 made a complaint with the local Police Station at Asansol that her husband and in-laws subjected her to torture. The Police initially did not entertain the complaint. She approached the learned Magistrate under Section 156 of the Code of Civil Procedure.
(2.) The complaint before the learned Magistrate would reveal as under: (i) The marriage was a negotiated one. In marriage, articles like utensils-made of steel, silver, and gun-metal; furniture; electronic goods were given. Gold and silver ornaments were also given apart from cash of Rs. 2,00,000/- paid as dowry, out of which Rs. 65,000/- was paid in cash and Rs. 1,35,000/-in draft in the name of Indranil Rai the uncle in-law of the Petitioner. (ii) The in-laws assured the bridal side that the money would be kept in deposit with the local Post Office where the wife of the brother-in-law of the complainant was working. (iii) After the marriage, the complainant went to her matrimonial home at village Kathoda, where the accused were all sharing common mess. (iv) After few days the complainant noticed that the husband was in the grip of the lady being the wife of the brother-in-law. The in-laws were controlled by the said lady. Without her permission nothing could be done. She also doubted the relationship between her husband and the said lady. (v) After a fortnight of the marriage, the husband and the lady went to Faijabad and came after sometime. That fact strengthened the doubt of the complainant. (vi) The complainant was compelled to give all her ornaments to her-in-laws who took it on the plea that it would be kept in safe custody of the bank. (vii) In September, 2004, the complainant's brother came to see her and took her to her parental home where the complainant stayed for a couple of months and thereafter her brother-in-law again took her to her matrimonial home. (viii) Within a few weeks of return, the accused Nos. 2 and 3 started complaining about insufficient dowry. They also expressed displeasure about the quality of the gifts. (ix) The accused started pressurizing the complainant to tell her parents to come down to Balia for a compromise, otherwise she would be "set on fire". (x) The parents along with their well-wishers went to Balia and requested the in-laws to come down to Asansol for settlement of dispute on the issue of further demand. Accordingly in May 2006, discussion was held at Asansol when accused Nos. 2, 3, 6 and 7 informed them that their social prestige had been lost and such loss must be made good. (xi) The accused made a demand of Rs. 5,00,000/-, a Maruti Car and 5 Bhories of ornaments for accused No. 9. Ultimately, it was settled at Rs. 1,00,000/- on the assurance that there would be no further demand. The parents paid Rs. 50,000/- to the accused No. 1. In July 2006 when accused No. 1 visited her parents at Asansol they assured them that the balance money would be paid at Asansol. (xii) In middle of 2007, the accused made a further demand of Rs. 5,00,000/- for setting up business of electronic goods. Complainant sent letters to her parents to the said effect being letters dated September 27,2007 and October 20,2007. Ultimately she had to leave her matrimonial home in the last part of October, 2007 without taking her belongings. (xiii) Further negotiation took place when father of the complainant arranged for the couple's accommodation at Asansol and made arrangement for the husband for selling of Mobile Card. Such arrangement was made at the house of Monoj. (xiv) In the said house the accused Nos. 5, 7 and 9 used to come occasionally and tortured the complainant. In last week of December 2007, the husband left Asansol and did not return. The complainant wrote letters on January 8, 2008 and January 17,2008, however no reply came.
(3.) If we closely analyse the aforesaid petition of complaint we would find that the couple stayed for about less than a couple of months at Asansol in the last part of 2007 where the accused Nos. 6, 7 and 9 tortured her. In July 2006 negotiation took place at Asansol and a part of payment of Rs. 50,000/-was made there. Apart from these two incidents, no other part of the cause of action arose within the State.;