- (1.) The petitioner, M. P. Lohia alias Mahavir Prasad Lohia, by filing an application under Section 482 of the Code of Criminal Procedure, sought for quashing of the proceeding arising out of Karaya P.S. Case No. 314 dated 28.10.2003 under Sections 498A/406/304B/34 of the Indian Penal Code and also the charge-sheet No. 98/2005 dated 6.9.2005 under Sections 498A/406/304B/34 of the Indian Penal Code.
(2.) The backdrop of the present case may briefly be stated as follows : - On the basis of the recorded statement of the de facto complainant, Jogendra Agarwal, Karaya P.S. Case No. 314 dated 28.10.2003 was started. In statement before the police, he introduced himself as a businessman. The victim, Chandni Agarwal, since deceased, was his daughter. She did her graduation in commerce with Honours in 2002 and obtained scholarship from University of Kolkata. After her graduation, her father started negotiation for her marriage. On 18.2.2002, she got married to Gourav Agarwal and such marriage was duly solemnized according to Hindu rites and customs. There had been demand of dowry at the time of marriage. The father of the victim had to pay Rs. 1,50,000/- in cash and gold ornaments of various descriptions as well as other furniture and valuable articles. Soon after marriage, the husband of the victim as well as his parents and grandfather started demanding more dowries. This was when the victim was at her matrimonial home at Ludhiana. The husband of the victim demanded a private car and when Chandni tried to avoid such demands of dowry, she used to be subjected to mental and physical torture.
(3.) The de facto complainant alleged that he used to receive telephone call from his daughter, who used to narrate the acts of torture on her. He accordingly requested his son-in-law and his parents to send Chandni back to Kolkata. Chandni came to Kolkata in May, 2002. Her husband and the in-laws refused to take her back.;