The main legal point established in the judgment is the application and interpretation of the provisions of Section 498A and 406 of the IPC to establish the offenses of cruelty, harassment, and criminal breach of trust in the context of dowry demands and domestic abuse.

INDERMEET KAUR, J.

1. Parvesh Kumari had been married to Raj Kumar Bansal on 16.11.1984 at New Delhi. Kanta Devi Bansal is the mother-in-law of Parvesh Kumari and Neelam Bansal was her married sister-in-law. Matrimonial home of the parties was at E-348, Greater Kailash-I, New Delhi.

.2. On the occasion of the Rokna ceremony and thereafter again on the occasion of the ‘Shagun’ ceremony, C.L. Aggarwal the father of the Parvesh Kumari had paid a sum of Rs.10,000/-. Two days before the date of marriage Raj Kumar Bansal and his mother Kanta Devi Bansal demanded Rs.31,000/- in cash failing which they would not solemnize the marriage. Since the preparations for the marriage had almost culminated, PW-3 succumbed to this pressure and agreed to make the payment of the aforestated amount of Rs.31,000/- which was accordingly paid. At the time of marriage a double bed with beddings, dressing table, washing machine, sewing machine, radio, two wrist watches, pressure cooker, 21 sarees, two sets of gold and four bangles weighing 15 tolas were also given.

3. The married couple, however, did not pull along amicably. Soon after the marriage Parvesh Kumari noticed that the attitude of her husband, mother-in-law, sister-in-law was changed towards her. They started taunting and abusing her. They called her with contemptuous names like ‘kanjar’, ‘chandaal’, ‘bhutani’. She i.e. Parvesh Kumari was tortured and harassed on small counts; whether it be for the filling of water in the bucket or the use of soap. Parvesh Kumari was told by her in-laws that if her parents agreed to give a scooter, cooler, T.V. her harassment would come to an end; and since these articles had not been given by her parents, at the time of time of marriage this demand was made upon the complainant and her family. The cruelty on the victim continued and increased day by day.

4. On the occasion of Janmasthmi, Parvesh Kumari was severely beaten, so much so that blood started oozing out. Demand for the dowry articles was reiterated by her in-laws. Her sister-in-law also pushed and beat her. She was pressurized to do dirty jobs including cleaning of the toilet and sweeping the floor.

5. On the occasion of Teej her brother Vijender Kumar PW-4 had come to visit her but her in-laws imposed a condition that he could meet her only if the petitioner’s demands are met.

6. On 11.11.1985 Ms.Jasbir Kaur, PW-6, a friend of the complainant had come on the occasion of Deewali. In her presence the victim was harassed and abused by her in-laws.

7. On 17.11.1985 the parents and brother of Parvesh Kumari had come to see her but they were not allowed to meet her.

8. On 23.11.1985 Mrs.Brijesh Jindal PW-12 and her husband S.K.Jindal PW-11 i.e. her sister and brother-in-law had come to meet her but they were also not allowed access to the complainant. Demand for dowry was again reiterated by her in-laws.

9. On 25.11.1985 the parents of the victim came to her house; a police officer H.C. Hukum Chand PW-8 was also summoned from the police post Greater Kailash; in his presence the complainant Parvesh Kumari left her matrimonial home as she could no longer bear the torture being inflicted upon her. She was medically examined on the following day i.e. 26.11.1985.

10. This was the complaint Ex.PW-2/A which had been lodged by Parvesh Kumari before Anti Dowry Cell, pursuant whereto FIR under Section 498A/406 of the IPC has been registered against Raj Kumar Bansal, the present petitioner, his mother Kanta Devi Bansal and his sister Neelam Bansal.

11. Before the learned Metropolitan Magistrate, the prosecution examined 12 witnesses of whom the complainant Parvesh Kumari was examined as PW-2. She reiterated her version as given by her in her complaint Ex.PW-2/A. Her father C.L.Aggarwal was examined as PW-3 and he corroborated the testimony of his daughter. The brother of the victim Vijender Kumar Aggarwal was examined as PW-4. Two neighbours living in the vicinity namely Dheeraj Gulati PW-1 and Sanj