SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(Del) 2329

High Court Of Delhi
Pradeep Nandrajog
KRISHAN LOCHAN ANAND - Appellant
Versus
STATE OF DELHI - Respondents
Bail Application 494 Of 2007
Decided On : 10/08/2007

Advocates Appeared:
Jaideep Malik, K.B.Andley, M.L.Yadav

The main legal point established is the consideration of evidence from the deceased's letters and the nature of injuries in deciding on bail for the petitioner.

Headnote:

Cruelty - Dowry Harassment - [IPC Section 498A, Dowry Prohibition Act] - The court discussed the letters written by the deceased to her sister, highlighting the grievances against her in-laws for dowry harassment and mental torture. The court also considered the nature of injuries and the circumstances leading to the deceased's death, leaning towards granting bail to the petitioner.

Fact of the Case:

The deceased, married to the petitioner's son, expressed grievances of dowry harassment and mental torture in letters to her sister. The court considered the circumstances leading to the deceased's death and the nature of injuries.

Finding of the Court:

The court found that the deceased's letters evidenced dowry harassment and mental torture by her in-laws. It also noted the prima facie nature of injuries, leaning towards granting bail to the petitioner.

Issues: Dowry harassment, mental torture, nature of injuries, and bail for the petitioner.

Ratio Decidendi: The court considered the content of the deceased's letters as evidence of dowry harassment and mental torture, along with the nature of injuries, to decide on granting bail to the petitioner.

Final Decision: The court directed the Trial Judge to release the petitioner on bail in the noted FIR, considering the circumstances and the prima facie nature of injuries.

PRADEEP NANDRAJOG, J.

( 1 ) PETITIONER Krishan Lochan Anand is the father-in-law of Daljeet kaur who was married to his son Karan Anand on 22. 1. 2004 Daljeet died on 20. 11. 2005. FIR was registered on the basis of statement of Gursharan Singh, brother of Daljeet, who informed that his sister was married with Karan Anand on 22. 1. 2004 and that soon after the marriage her mother-in-law, father-in-law and husband started troubling his sister on account of bringing less dowry. That his sister wrote 3 letters on 2. 3. 2004, 23. 4. 2004 and 2. 5. 2004 to his other sister mentioning cruelty and misbehaviour of her in laws. He further stated that yesterday night, at around 8 PM his deceased sister had a telephonic conversation with his other sister. That his deceased sister was weeping and informed her sister that her mother-in-law was saying that the Indica car which was given at the time of marriage was below the status of their family. They wanted a Honda City car. That when his sister was married, a fridge was not given to her. Whenever his sister used the family fridge she was taunted to bring a new fridge. That in the morning, at 7 AM, he received a telephone call informing that his sister was injured and was removed to Jaipur Golden Hospital. He reached the hospital and learnt that his sister was brought dead.

( 2 ) I may refer to the 3 letters dated 2. 3. 2004, 23. 4. 2004 and 2. 5. 2004 written by the deceased to her sister. They read as under :-

? 'hello Didi ,


? How are you, I am fine here. Didi , do not discuss about this letter with mummy or brother. I was trying to state to you something since many days, Didi I could not even talk with you on phone because Karan's mother used to sit in front of me whenever I tried to make call to you and used to make quarry why are you calling and what are you willing to talk. Didi , Karan's mummy used to taunt me since last several days, sometimes she used to say that your parents has

given less dowries. All this reduction has been done in giving gold tops and that the tops given are of less weight. Sometimes says that your suits are not good or that your parents had given Kara of less weight to Karan. When I told her that my parents have given everything according to their status only then she kept quite. But Didi , now-a-days she used to scold me on each and every petty matters. That day it crossed all limits soaps of my bathroom misplaced and my mother in law, in the presence of all the family members treated me like a thief and asked my scolding where the soap is. Didi really I don't know where about the soap has gone my younger brother-in-law (Devar ) also used to visit my bathroom. My mother-in-law asked her sons as a formality but kept on treating me like a thief for 4-5 days.


? Didi , I was not willing to tell all these things but now-a-days it has become un-tolerable. My mother-in-law used to mentally torture me on same matter. Now-a-days she used to keep away Karan from me. Until and unless his mother does not allow him, he did not take me out. Didi about two months of my marriage has been completed and they have changed. Now they did not talk to me properly as earlier. My Father-in-law always remains cold towards me and my mother-in-law used to scold me on every issue.


Your younger sister

Sd /-

Daljeet

x x x x


? 'Didi , I am very tense today, I do not know, I will be alive or not when you will receive this letter. Didi in the month of February, Kaan had applied for Qatar Airways and had shown himself unmarried in the said form. At that time I did not object but yesterday Karan received offer for job. In that there is a specific condition that Karan will not return prior to expiry of a period of one year. I asked him what will happen to me. On this my mother-in-law stated that

after one year Karan will perform court marriage with me and took me there. When I objected for the same, my Father-in-law scolded me very loudly and further stated that they will send









































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top