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2022 Supreme(All) 672

IN THE HIGH COURT OF ALLAHABAD
RAHUL CHATURVEDI, J.
Mukesh Bansal – Appellant
Versus
State of U.P. and Another – Respondents
Criminal Revision Nos. 1122, 1126, 1187 of 2022
Decided On : 13-06-2022

Advocates:
Advocate Appeared:
For the Appellants : Rajeev Nayan Singh, Ritukar Gupta, Vinod Prakash Srivastava.
For the Respondent: Raj Kumar Kesari.

Headnote:

Criminal Procedure Code, 1973 - Section 227 and 228 – Indian Penal Code, 1860 - Sections 498-A, 504, 506, 307 and 120-B - Dowry Prohibition Act - Demand of additional dowry – Cruelty and Criminal Intimidation - Unnatural/oral sex, forcible abortion - Documentary evidence/proof - Whether there is sufficient ground for proceeding against the accused, Court assess compartively wider discretion in exercise of which it can determine question, whether material on record, if undisputed is such on basis of which conviction can be of such reasonable possibility - Alleged that in marriage, her parents have spent about Rs.2 crores in shape of cash, jwellery, clothing, utensils, furniture and other gifts worth Rs.50 lacs. But, all the above named five persons were not happy by aforesaid dowry and were demanding Rs.20 lacs more as an additional dowry which later on swelled to figure of Rs.50 lacs. It is alleged that (a) informant's father-in-law Mukesh Bansal wanted to have sexual favours from opposite party no.2 and not only this, her devar Chirag Bansal also have tried to ravish her physically. (b) The husband-Sahib Bansal used to lock her in the bathroom after taking away her mobile phone.(c) When informant got pregnant, then they asked some astronomer to predict sex of 'still born' baby. Then, her mother-in-law and sister-in-law pressurized her to get aborted - When settlement is reached between parties, it would be open for District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case. (Para 35)

Finding of the court: At the stage of framing the charge, probative value of materials cannot be gone into. The basic underline idea behind section 227 and 228 Cr.P.C. is to ensure that the court should be satisfied that the accusation made against the accused is not frivolous and fictitious but on the contrary, some material for proceeding against the named accused person - This is a ground reality and one has to accept it willy-nilly which is nowhere similar to our traditional marriage. It is defined as domestic co-habitation between adult couple who are not married. It is a stress free companionship without any legal obligation, it has many complication, responsibilities and legal liabilities. It is a voluntary agreement in it that unmarried male or female decides to live together in one roof in a sexual and romantic relationship which seems to be marriage in alternative or substitute to the traditional marriage in which unmarried couple lives together without marrying with each other free from its legal implications, committment and responsibilities. In fact, this is an off shoot of traditional indian marriage just to save the couple from the hazards and legal complications and bickering between them, The two young couples agree to have sexual and romantic relationship. The traditional fragarance of our age-old institution of marriage would completely evapourated over period of time if such gross and unmindful misuse of section 498-A IPC would keep on pasted rampantly - It is made clear that after lodging of the F.I.R. or complaint case without exhausting the “Cooling-Period” of two months, no arrest or any coercive action shall be taken against the husband or his family members in order to derail the proceedings before the Family Welfare Committee – Direction issued.

Result: Criminal Revision allowed.

JUDGMENT :

RAHUL CHATURVEDI, J.

1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Rajiv Nayan Singh and Sri Ritukar Gupta learned counsel for the revisionists, Sri Raj Kumar Kesari, learned counsel for opposite party no. 2 and learned A.G.A for the State.

2. Pleadings have been exchanged between the parties in all the above captioned revisions and as such, all the matters has ripe for final submissions to be adjudicated on merits.

3. Coincidentally, all the aforesaid three revisionists, are assailing the legality and validity of the order dated 03.03.2022 through their respective revisions mentioned above whereby learned Additional Sessions Judge (Fast Track Court-I), Hapur, by three different orders of the same date i.e. 03.03.2022, have rejected all the discharge applications of the revisionists under section 227 Cr.P.C. in S.T. No. 19 of 2020 (State vs. Manju Bansal and Others) arising out of Case Crime No. 567 of 2018, under sections 498A, 504, 506, 307 and 120B IPC and ¾ of the Dowry Prohibition Act, P.S. Pilakhuwa, District Hapur.

Since, order dated 03.03.2022 has been passed on three different applications in the same Sessions Trial, therefore, for the sake of brevity and convenience, all the aforesaid three revisions are clubbed together and decided by a common judgement by this Court.

FACTS OF THE CASE & SUBMISSIONS BY THE COUNSEL FOR THE REVISIONISTS:

4. As per prevailing practice nowadays in the society mostly in the cases of matrimonial discord, misunderstanding and incompatibility between the married couples, results into ever abhorring FIR. Here too, it seems to be a repetition of the same practice. In the instant case, the FIR was lodged by none other than the wife Ms. Shivangi Bansal herself against her husband as well as her in-laws. From the perusal of the FIR, it is borne out that for the incident of 04.10.2018, the present FIR came into existence on 22.10.2018 lodged at Police Station-Pilkhua, District-Hapur (native place of Ms. Shivani Bansal) against five named accused including husband and his relatives. In addition to above named accused persons, two more namely Chirag Bansal brother-in-law (devar) and Smt. Shipra Jain, married sister-in-law (nanad) were also roped in these offences. From the text of the FIR, following salient factual features of the case are apparent.

5. The written complaint signed by the informant Ms. Shivangi Bansal was sent to the office of the Prime Minister, Government of India, Chief Minister, State of U.P. Police Commissioner, New Delhi, D.G.P. Lucknow, Superintendent of Police, Hapur and Circle Officer, Police Station-Pilkhua, District-Hapur with the allegations that opposite party no. 2 Ms. Shivangi Bansal was married with Sahib Bansal on 05.12.2015 according to Hindu rites and rituals. It seems that there was a deep rooted misunderstanding, and thorough incompatibility and discord between husband and wife, in fact, both of them were fierce-foe of each other.

6. It is alleged that in the marriage, her parents have spent about Rs. 2 crores in the shape of cash, jwellery, clothing, utensils, furniture and other gifts worth Rs. 50 lacs. But, all the above named five persons were not happy by the aforesaid dowry and were demanding Rs. 20 lacs more as an additional dowry which later on swelled to the figure of Rs. 50 lacs. It is alleged that (a) the informant's father-in-law Mukesh Bansal wanted to have sexual favours from opposite party no. 2 and not only this, her devar Chirag Bansal also have tried to ravish her physically. (b) The husbandSahib Bansal used to lock her in the bathroom after taking away her mobile phone. (c) When the informant got pregnant, then they asked some astronomer to predict the sex of ‘still born’ baby. Then, her mother-in-law and sister-in-law pressurized her to get aborted. On making refusal, all the family members became physical with her. (d) During the stage of pregnancy, her husband tried to establish sexual relationship perforce. Not on

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