Acts of cruelty and sexual assault may be interconnected, allowing jurisdiction where the victim takes refuge post-marriage, reinforcing that psychological impacts persist beyond the matrimonial home.

JUDGMENT

1. The present petition was filed under Sections 3 97 /401 read with Section 4 82 of the Code of Criminal Procedure , 1973 (‘CrPC’) for setting aside the order dated 28.04.2023 (hereafter ‘impugned order’) passed by the learned Additional Sessions Judge (‘ASJ’), East, Karkardooma Courts in SC No. 750/2021 arising out of FIR No. 184/2021 registered at Police Station Bhajan Pura for offences under Sections 4 98A /406/376/34 of the Indian Penal Code , 1860 (‘IPC’) and Sections 3 /4 of the Dowry Prohibition Act , 1961 (‘DP Act’).

2. Succinctly stated, the marriage between the petitioner and Respondent No.2 was solemnized on 20.01.2020, thereafter she started living in her matrimonial home in Jhajjar, Haryana, where the alleged offences took place. The present FIR was registered in Delhi, where the petitioner has been residing with her parents, after leaving her matrimonial home. The relevant extracts of the FIR have been reproduced herein below:

“...On 20-01-2020, I got married with Kartik Drall S/o Sh. Bhagwan Drall R/o House no.292/2011 Dayanand Nagar Bahadurgarh Jhajjar…

…My husband and my father in-law had taken me to their house after the marriage. But they were not happy with me from the very beginning. They were taunting me for bringing the less and below standard dowry items. My life became hell…

…In March 2020, two months after my marriage, I got the information from the friends of my husband that Kartik was already married and he was having a son of seven years old. My marriage with him was his third marriage. I got huge shocked to know that Kartik did not get divorce from his first wife…

…My mother Inlaw, father In- law and sister In-law got removed my jewelry force fully and retain it with them in their possession. Whenever, I asked my Jewelry, they clearly refused to give and those jewelry were kept by my mother in law and sister in law in their possession. Thereafter my In-laws behaved cruelly with me. My In-laws started extending mental and physical cruelty upon me. They stopped giving me food. Some time, they give food to me in the morning, sometime in the evening. My husband and my mother In-law thrashed me many times on the instigation of my sister in law…

…On 27/11/2023 my husband picked severe fight with me and asked me to tell my mother Kirshna Devi to transfer the house situated at Bahadurgarh in the name of Kartik. I objected the same, on that Kartik started thrashing me. He started putting pressure upon me to bring 20 lakh rupees from my parents and told that 20 lakh rupees was needed to secure Government job. When I refused to accept anything like that, my mother In law, sister In-law and husband collectively used abusing language against me and thrashed me...

…My husband never made physical relation with me. My husband forced me to eat cake and pastries and after eating the same, I use to become unconscious/semi-conscious. Thereafter, my father In-law (Bhagwan Drall) and brother In- law (Manjeet) raped me.After gaining my consciousness, I told this to my mother In- law, husband and sister In-law. On that they thrashed me and threatened me that if I wish to remain in their house. I have to bear all that I and they further threatened me that if I tell this to any one, they will kill me. I got so scared that I could not tell that to anybody. The wrong act has been done to me many times. Due to this, I came into the grip of vaginal infection. My In-laws did not take me to any Doctor and my situation deteriorated day by day. On 28/03/2020 my health was deteriorated severely. On that my father In -law left me to my parents' house. Since then, I have been living in my mother's house. I got treatment from Delhi Nursing Home and Janakpuri Godiya women Hosp