The court affirmed that allegations of dowry demands and cruelty are serious and cannot be dismissed as counterclaims in divorce proceedings, emphasizing the independence of civil and criminal cases.

ORDER :

(Gurpal Singh Ahluwalia, J.)

By this common order M.Cr.C.No.48243/2023 shall also be disposed of.

2. In M.Cr.C.No.12469/2024, the applicants are elder brothers-in-law ¼tsB½ of the complainant whereas in M.Cr.C.No.48243/202, the applicant is the wife of applicant No.2 ¼ftBkuh½ of the complainant.

3. The facts necessary for disposal of the present applications in short, are that the complainant lodged an FIR on 30.11.2021 on the allegations that she got married to Satyendra Saraf on 11.05.2017 in Shahdol in accordance with Hindu rites and rituals. At the time of her marriage, her parents had given sufficient dowry as per their financial status. However, after four months of marriage, her husband as well as applicants started scolding her on the question of bringing less dowry and they used to beat her on trivial issues and started demanding a Fortuner vehicle and 20 Tola of Gold and they were all the time scolding that only if the Fortuner vehicle and 20 Tola of Gold is brought, only then she will be allowed to stay in her matrimonial house otherwise they will kill her. However, the financial condition of her parents is not such to fulfill the demand and ultimately they could not give Fortuner vehicle and 20 Tola of Gold. On 30.10.2021 all of them, after beating her ousted her from her matrimonial house, thereafter she informed her parents and accordingly her parents have taken her back from her matrimonial home and since then she is residing in her parental home.

4. Challenging the FIR lodged by the respondent No.2, it is submitted that in fact the respondent No.2 had given a knife blow in the abdominal region of her husband Satyendra Saraf. As a result, an offence has been registered against respondent No.2.

5. It is further submitted that in the light of order dated 20.04.2024, the applicant has also filed the complete charge-sheet. It is further submitted that in fact the FIR has been lodged by way of counter blast to the petition filed by her husband under Section 13 of Hindu Marriage Act. It is submitted that the petition for divorce was filed on 16.11.2021 and the notices were received by the respondent No.2 on 23.11.2021 and the FIR was lodged on 30.11.2021.

6. It is further submitted that even according to the respondent No.2, she had stayed in her matrimonial house for four and half long years and during this period, she never made any complaint to the police and thus it is submitted that the allegations that applicants were treating the complainant with cruelty by demanding Fortuner Car as well as 20 Tola of Gold is false. It is further submitted that in fact the complainant before leaving her matrimonial house has taken away all her Stridhan which has been acknowledged by the Vice President of Nagar Palika Parishad, Shahdol.

7. Considered the submissions made by counsel for applicants.

Whether the respondent No.2 had given a knife blow in the abdominal region of Satyendra Saraf/ her husband.

8. On perusal of record, it is clear that complete order sheet has not been filed and incorrect statement was made by counsel for applicants.

9. The applicants have filed a copy of written complaint made by Satyendra Saraf to Superintendent of Police, Shahdol, which is at Page-18 of the application. In this application, it is specifically mentioned that Satyendra Saraf himself had caused self inflicted injury in his abdominal region. The exact words mentioned in the complaint are as under:-

^^lqcg tc eSa rS;kj gqvk rks mldk ogh jkr okyk joS;k pkyw gks x;k vkSj ogh ckr dgus yxh fd tkdj Vªsu ds uhps dV tkmaxh Qkalh yxk yqaxh vkSj rc eSa mls [khapdj lksQs esa cSBk;k rks pkdw fudky yh vkSj [kqn dks ekjuk pkgk eSaus pkdw Nhuk vkSj ;k dgsa fd eSus [kqn dks pkdw ekj fy;k^^

10. It is really shocking that in the document, which has been filed along with this application although the counsel for applicant had underlined the words ^^esus pkdw Nhuk vkSj ;k dgas fd eSus [kqn dks pkdw ekj fy;k^^ but thereafter tried to erase the underlining by app