Point of Law:Demand of dowry – Conviction set aside – Suit restitution of conjugal rights decreed, but the wife/complainant has not complied that decree

ORDER :

These revision petitions arise out of two sets of litigation between the parties.

2. Crl.R.P.No.702/2015 arises out of the proceedings in DVA No.4/2010 on the file of the Additional Civil Judge & J.M.F.C., Gowribidanur. The said case was filed by the petitioner against her husband and in-laws under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘the D.V.Act’ for short) seeking protection order, monetary reliefs, right of residence etc.

3. The petitioners in Crl.R.P.Nos.1296/2016 to 1299/2016, respondent No.2 in Crl.R.P.No.401/2017 and the respondents in Crl.R.P.No.747/2017 were prosecuted in C.C.No.496/2009 on the file of the Principal Civil Judge & J.M.F.C., Gowribidanur for the offences punishable under Sections 143, 323, 504, 506, 498A read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (‘D.P.Act’ for short) on the basis of the charge sheet filed by Gowribidanur Town Police in Crime No.16/2008 of their police station. Crime No.16/2008 was registered on the basis of the complaint filed by the petitioner in Crl.R.P.No.702/2015. In the said case, accused No.1 was the husband, accused Nos.2 and 3 were father-in-law and mother-in-law, accused No.4 was sister-in-law of the complainant and accused No.5 was the husband of accused No.4.

4. This Court by order dated 18.01.2019 and 05.08.2020 connected all the aforesaid revision petitions. Since the proceedings in C.C.No.496/2009 and the revision petitions arising out of the said case are the prime matters and they have some bearing on the proceedings filed by the wife under the D.V. Act, first those revision petitions will be dealt with. For the purpose of convenience, the parties will be referred to henceforth with their ranks before the trial Court in C.C.No.496/2009.

5. The marriage of the complainant and accused No.1 was celebrated on 18.06.2006 in Sumangali Kalyana Mantapa, Gowribidanaur. Out of the said marriage, the couple begot a son. The complainant filed the complaint as per Ex.P1 on 18.02.2008 alleging that the accused received gold jewelleries mentioned in the complaint and cash of Rs.1,50,000/-etc. as dowry at the time of marriage. After marriage they subjected her to physical and mental cruelty in connection with their demands for additional dowry. On such complaint, Gowribidanur Town Police investigated the case and filed the charge sheet against accused Nos.1 to 5.

6. The trial Court on taking cognizance, summoned the accused. Even before the trial Court framing the charges, accused No.2 the father-in-law died. Therefore, case against him abated. The trial Court framed the charges for the offences punishable under Sections 498A, 143, 323, 504, 506 read with Section 149 of IPC and Sections 3 and 4 of the D.P. Act against accused Nos.1, 3 to 5 and tried them.

7. On trial, the Magistrate convicted and sentenced accused Nos.1 and 3 to 5 as follows:

Further the trial Court acting under Section 357(3) of Cr.P.C. awarded compensation of Rs.50,000/-to the complainant/PW.1 in default to pay compensation, accused Nos.1, 3 to 5 were directed to undergo rigorous imprisonment for three months.

8. The accused, the State and the complainant challenging the order of conviction and sentence, adequacy of sentence preferred the following appeals before the Additional District & Session