2025:CGHC:19787 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 911 of 2024 Judgment reserved on : 25.02.2025 Judgment delivered on : 01.05.2025 Smt. P. Kavita Murti (Now Smt. Kavita Sandhu) W/o Shri P. Venkatraman Murti (Now Divorced) Aged About 53 Years R/o Shivsadan, Pension Bada, Police Station Mahila Thana (City Kotwali), Tahsil And District Raipur Chhattisgarh Mo. No. 9827144117 (In Impugened Judgment Power Off Attorney Names Mentioned, But The Instant Petition Filed By Petitioner Herself)

... Appellant versus P. Venkatraman Murti S/o P. Rajarao Aged About 56 Years R/o Phase 6, Plot No. 12, Maitri Nagar, Near Krishna Talkies, Bhilai, Risali, Durg, Tahsil And District Durg Chhattisgarh ... Respondent(s)

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For the Appellant : Mr. Ratnesh Kumar Agrawal with Ms. Prabha Sharma, Advocates For the Respondent : Mr. Vikash A. Shrivastava, with Mr. Arjun Yadav, Advocates --------------------------------------------------------------------------------------------

Hon'ble Shri Justice Narendra Kumar Vyas SANTOSH KUMAR CAV Judgment SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.05.03

1. This acquittal appeal has been filed under Section 378 (4) of the Code of Criminal Procedure, 1973 against the judgment dated 10.05.2023 passed by Chief Judicial Magistrate, Raipur District Raipur (CG) by which the respondent has been acquitted of the charge under Sections 406, 34 of the IPC.

2. Facts of the case, in brief, are that, the marriage of the appellant and the respondent was solemnized on 03.11.1995 at Kundan Palace Raipur, thereafter she joined her matrimonial house where she remained for few days. Subsequently, behavior of the respondent was changed against her and the respondent and his family members started harassing, torturing her, as such the appellant has no other option except to leave her matrimonial house at mid night on 19.03.1996 leaving the stridhan i.e. jeweleries, gold, silver and other articles under the stage of mental agony suffered by her. Thereafter, the victim came to Raipur and filed a complaint against the respondent for commission of offence under Section 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act before Police Station Mahila Thana Raipur against the respondent and his relatives which was registered as Crime No. 47 of 1997. The prosecution started investigation in the meanwhile, the respondent sent a legal notice to the appellant for judicial suppression from Secunderabad (the then AP) on 07.12.1997. During pendency of this appeal, the accused has been acquitted of the charges leveled under Section 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act by the concerned trial Court.

3. The appellant sent notice to the respondent on 30.05.1998 demanding return of Stridhan wherein it has been mentioned that list of Stridhan has been submitted before Mahila Police Station Raipur by the father of the appellant on 06.01.1998 which has been kept as seizure memo and the material which has been seized was handed over to the appellant but remaining materials were kept by the respondent. Despite notice, no Stridhan was returned back to the appellant and it has been denied that the said Stridhan was kept by the respondent and has stated that demanded articles were taken away by the appellant which has necessitated the appellant to file a complaint under Sections 200 CrPC for commission of offence under Sections 405 and 406 of the IPC against the respondent before Judicial Magistrate First Class, Raipur which was registered as complaint case No. 14510 of 2002.

4. The appellant to prove the case has examined witnesses complainant (PW-

1), Basant Kumar Naidu (PW-2), Mahendra Kumar (PW-3), Yashwant Kumar Naidu (PW-4), Ajay Martin (PW-5) and has exhibited documents power of attorney (Ex.P-1), Receipt (Ex.P-2 & 3), Notice (Ex.P-4), Postal receipts (Ex.P-5 to 7), decree (Ex.P-8), Receipt (Ex.P-9 to Ex.P-20), Tickets (Ex