IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE …..RESPONDENT
FIR NO:-0898/2015
PS:-NAJAFGARH
U/S:-498-A/406/313/325/34 IPC
INDEX
S.NO. PARTICULARS PG. CT.FEE
NO.
1. Notice of Motion
2. Urgent Application
3. Memo of parties
4. List of dates and events
5. 1stApplication for
Anticipatory Bail under
section 438 of Cr.P.C.
On behalf of the
accused namely Atul
kumar Rana along with
supporting affidavit
6. Attested Copy of the of
the order of dismissal of
the Anticipatory Bail
dated 19.03.2016 along
with true typed copy.
7. Copy of F.I.R. No
0898/15 P.S. Najafgarh
along with true typed
and translated version.
8. Copy of the SSP report
along with true typed
copy and translated
version
9. Application under
section 482 for
exemption from filling
certified copies of the
annexures.
10. Copy of ICICI Bank
Statement of Petitioner
11. True Type order of Ld.
District and Principal
Judge, Dwarka Court,
copy dated 02.07.2015
12. Vakalatnama
DATE:01.04.2016
DELHI THROUGH
Rajiv Khosla &Onkar Roy
Advocates
Ch. No. 167, Civil Wing,
Tis Hazari Courts, Delhi.
Ph.: +91-9810229959
Email id:
[email protected] IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE …..RESPONDENT
NOTICE OF MOTION
To
STATE
Take Notice that the accompanying petition
will be listed before Court on 07.04.2016 at 10.30
AM in the forenoon, or so soon thereafter as may
be convenient to the Court. Please acknowledge
the advance copies of the accompanying
application as per rules.
APPLICANT
DATE:01.04.2016
DELHI THROUGH
Rajiv Khosla &Onkar Roy
Advocates
Ch. No. 167, Civil Wing,
Tis Hazari Courts, Delhi.
Ph.: +91-9810229959
Email id:
[email protected] IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE …..RESPONDENT
URGENT APPLICATION
The Deputy Registrar
High Court of Delhi
New Delhi.
Sir,
Will you kindly treat the accompanying
application as urgent as per the rules and
regulations of this Hon’ble Court?
THE GROUNDS OF URGENCY ARE:
That the application is for grant of anticipatory
bail as the applicant/accused is apprehending
arrest.
Hence the urgency.
APPLICANT
DATE:01.04.2016
DELHI THROUGH
Rajiv Khosla &Onkar Roy
Advocates
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE …..RESPONDENT
MEMO OF PARTIES
Atul kumar Rana
S/o Sh. Raja Ram Singh Rana
R/o: 128/1040, Y Block,
Kidwai Nagar, PS Naubasta,
Kanpur City (U.P.) …..APPLICANT
VERSUS
STATE
Govt. of N.C.T. of Delhi …..RESPONDENT
DATE:01.04.2016
DELHI THROUGH
Rajiv Khosla &Onkar Roy
Advocate
Ch. No. 167, Civil Wing,
Tis Hazari Courts, Delhi.
Ph.: +91-9810229959
Email id:
[email protected]IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE ..RESPONDENT
LIST OF DATES & EVENTS
28.10.2007 God Bharai Rasam of Complainant
30.10.2007 Innova Car booked by Petitioner
30.11.2007 Marriage between Applicant and
complainant Solemanised at
Najafgarh, New Delhi.
26.03.2010 first PCR Call made by Petitioner
against complainant.
20/05/2010 Petitioner brought complainant
back to matrimonial house.
04/03/2011 Baby Girl Child Born
05/12/2011 Complainant left the company of
petitioner
00/06/2012 Panchayat & Mediation held and
Complainant came back with
petitioner.
08/02/2013 Complainant along with Baby girl
left to Parental Home in New Delhi
23/02/2013 Divorce Case filed by the Petitioner
in Kanpur
20/03/2013 Complaint filed against Petitioner
at CAW Cell Nanakpura, New Delhi
by complainant
19/03/2014 After Mediation Petitioner took
complainant back home
13/10/2014 Hon’ble Supreme Court Transfer
the Divorce petition filed by
petitioner from Kanpur to Delhi
26/07/2014 Complaint filed by complainant’s
father before SHO Anand parvat
against petitioner and his family
28/07/2014 Complaint filed by complainant
before SHO Najafgarh against
petitioner and his family
07/02/2015 Alleged date of mis-carrage
09/02/2015 Treatment of complainant and
medicine were given at Gandhi
Nursing Home, Uttam Nagar, Delhi
17/07/2015 Alleged date of incident on which
present complaint has been made
by the complainant
28/07/2015 Complaint at CAW Cell by
complainant against petitioner and
his family.
13/11/2015 FIR No. 0898/2015 registered
12/01/2016 1st application u/s 438 for
anticipatory bail moved by
petitioner
13/01/2016 Matter listed before Ld. ASJ Shri
Vikas Dhull, Dwarka Court.
15/01/2016 Matter referred to Mediation Cell
16/02/2016 Mediation failed
02/03/2016 Documents of medicals sent for
verification
19/03/2016 Anticipatory Bail Dismissed by Sh.
Vikas Dhull, Ld. ASJ, Dwarka
Court.
Hence the present application on behalf of the
applicant.
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE (Govt. of NCT) ..RESPONDENT
F.I.R. No.: 0898/2015
U/S: 498A/406/313/325/34 IPC
P.S.: Najafgarh
1stAPPLICATION UNDER SECTION 438 Cr.PC
FOR GRANT OF ANTICIPATORY BAIL
MOST RESPECTFULLY SHOWETH:
1. That the applicant is innocent person and is
living peacefully at the above mentioned and
having deep roots in the society and having
no criminal antecedent and working there for
his livelihood.
2. That the applicant/accused got married with
Ms Deepika i.e. complainant on 30.11.2007
and out of the said wedlock one girl child
namely Mishthy was born on 04.03.2011,
who is presently in the custody of the
complainant.
3. That the complainant under the influence and
touts of her parents withdraw herself from
the company of the applicant without any
rhyme and reason and came back to her
parental house and had filed number of false
and frivolous complaints against the
applicant and his family members before
different authorities only to harass,
humiliate, embarrass the entire family before
the whole society and to extort money from
the applicant and his family members. It is
pertinent to mention herewith that a similar
complaint was lodged by a sister of the
complainant against her in laws and
subsequently the family of complainant
agreed to withdraw the complaint after
getting an amount of Rs.14,00,000/- from the
in laws of her daughter. It shows the
preparation, malafide intention, ulterior
motive and tendency of the complainant and
her family members to take undue advantage
of our legal system and process only to
extort handsome money from their in laws.
4. That it is very much essential and necessary
to mention herewith that the complainant
also moved a false and frivolous complaint
against the father of the applicant, who was
working as Inspector CID, in Anti Corruption
Branch of Uttar Pradesh Police and also on
his all family members only to put pressure
in order to fulfill her ulterior motives which
was only to extort money as mentioned in
above paras. Upon such complaint made by
complainant, a detailed and comprehensive
inquiry was conducted by the concerned
department of U.P police, whereas all the
allegations and charges leveled by the
complainant against the father of the
applicant and his family members were found
wrong, false, meritless and baseless.
5. That the applicant joined the investigation
and process conducted by CAW cell, Dwarka,
Sector-9, New Delhi personally coming from
Kanpur, but to utter shock and surprise for
the applicant no police official was paying
any heed to the submissions of the applicant
rather the applicant is having every
apprehension that the complainant in
collusion with the police officials conspired
and lodged the present FIR and adopted all
possible means and methods to implicate the
applicant and his family members.
6. That it is also worthwhile to mention herein
that the applicant is residing in Kanpur and
just to harass and humiliate the applicant,
the complainant is misusing the process of
law for fulfilling her ulterior motive.Moreover
she along with her parents are adopting all
measures to put pressure and to implicate
the applicant in false and frivolous cases
only in order to extort money from the
applicant and his family members.
7. That the charges leveled in the FIR are
totally wrong and baseless having no iota of
truth and legs. The marriage between the
complainant and the applicant was happily
consummated and there were no dowry
demand whatsoever as alleged in the FIR
from the complainant and her family
members. It is worthwhile to mention that the
marriage between the complainant and the
applicant was love cum arrange marriage
and no dowry or demand of such nature was
made either by the applicant or his family
members.
8. That at the time of marriage the vehicle
“Innova Car” which was alleged as Dowry
article in FIR was bought from the hard
earned money of the applicant as the initial
token amount was paid by the applicant and
rest through installments of Rs. 4,00,000
through cheque drawn on ICICI bank from his
account however due to no address proof of
applicant of Delhi, the applicant agreed to
get the registration of vehicle in the name of
the complainant as the complainant is his
wife and had address proof of Delhi. The
applicant herein willing to return the amount
deposited by the complainant to her and
same has been communicated to the
complainant as well as the IO of the case
during CAW cell proceedings.
9. That as alleged in the FIR no physical
beatings were ever given to the complainant
by the applicant or his family members it is
just an imagination only to implicate the
applicant and his family members in false
and frivolous case. Even if such injury as
alleged in FIR had taken place, it could have
taken place at the parental house of the
complainant and no such information has
ever been given to the applicant at any point
of time. Moreover Complainant did not make
any complain to any authority, when such
alleged incident occurred, which itself shows
her malafide intention.
10. That the complainant is working at the
instance of her parents, only to spoil the life
of the applicant who is working as
entrepreneur and running a firm in the name
and style of M/S Misthy Enterprises. It is
also necessary to mention never resided at
the home of applicant with cool and
composed attitude and always shown her
restless and quarrelsome behavior towards
the family of the applicant and never gave
any respect to the parents of the applicant.
The complainant used to leave the company
of the applicant more often and stayed at her
parental home and also tried to compel/force
the applicant to reside with her parental
home and also pass the whole earnings to
her parents. It is also worthwhile to mention
that the father of the complainant is working
in a private security agency and earns only
to meet his livelihood which creates doubt as
how the amount as alleged in FIR has been
spent by the father of complainant, who is
mere earning hand to mouth.
11. That lastly when the complainant left
the company of the applicant took away all
the jewellery and stridhan along with her and
the applicant also lodged a complaint against
the complainant for the same U/S 200 and
156(3) Cr.p.c., which is pending disposal
before the court of Ld. ACMM Kanpur Court.
12. That all the charges and allegation in
the FIR have no legs to stand before the law
as the same has been created and drafted by
the complainant on the instance of her
parents only to fulfill the ulterior motives.
13. That the applicant and his family
members made various efforts to bring back
the complainant and to reconcile the matter
but all in vain due to continuous interference
of the family of complainant. Every time
when the applicant made an effort to
reconcile the matter the family of
complainant abused the applicant with filthy
language and threaten the applicant if he
dares to visit the house, they will implicate
him in false and frivolous case.
14. That the complainant in order to
harass, humiliate and blackmail the applicant
and his family failed a false and frivolous
complaint with CAW Cell, Sector-9, Dwarka,
New Delhi, leveling false allegations, without
any iota of truth against the applicant and
others and on the basis of which the above
said FIR has been lodged and after receipt
notice from the cell, the applicant appeared
before them on various occasions and
apprised them the true facts of the matter
and also requested the said officials to ask
the complainant to join the company of
applicant. However, the officials of CAW Cell
without considering the facts of the matter
referred the matter for the registration of the
FIR and the police has lodged the above said
FIR against the applicant and his family
members.
15. That the present complaint has been
inspired with the motive of greediness and
complainant has lodged the present
complaint just to extract money from the
applicant under the false and frivolous
allegations. The applicant never made any
demand for dowry and neither harassed the
complainant in any manner nor extended any
threats to the complainant or her family
members. There is no truth in the allegations
made by the complainant in the FIR.
16. That the petitioenre got a notice from
PS Najafgarh, in December,2015 which the
petitioner appeared and joined the
investigation thereafter the petitioner has
been summoned by Crime against Women
Cell, Nanakpura, in which the petitioner has
joined the investigation on each and every
date however, the complainant refused to
change her nature and the same resulted in
failure of Mediation Proceedings before
Crime against Women cell and the
complainant has instructed for the
registration of the FIR against the Petitioner.
Needless to mention that the complainant’s
father was a influential person in the vicinity
of PS Najafgarh and accordingly the
complainant along with her parents have
yielded and put undue pressure upon the
petitioner to succumb to their wishes and too
their line of thinking. Because of the
influence shown by the complainant through
her father the petitioner has strong
apprehension that he would be arrested in
wake of false and frivolous complaint lodged
by complainant against him.
17. That the petitioner and his family
members made various efforts to bring back
the complainant and to reconcile the matter
and rather took 2-3 times back to her
matrimonial home but all in vain due to
continuous interference of the family of
complainant. Every time when the petitioner
made an effort to reconcile the matter the
family of the complainant abused the petitonr
with filthy language and threaten the
applicant to bow as per the wishes of the
complaiant otherwise the petitioner and his
family members will be implicated in the
false and frivolous matter.
18. The Petitioner moved first Anticipatory
Bail Application , which was listed before the
court of Shri Vikas Dhull, Ld. ASJ, Dwarka
Court, New Delhi who vide order dated 19 th
March,2016 dismissed the same.
19. The Ld. Judge while passing the
impugned order, has mention of facts aliena
to the instant FIR in so far as there is no
allegation of miscarriage of child in the
instant FIR, but has been taken out to be a
ground for dismissal of the Anticipatory Bail
application of the petitioner.
20. That the Ld. Judge, while passing the
impugned order, has mentioned of facts that
ther are medical documents to show the
miscarriage of the complainant however no
such document brought by the IO and
importantly the version of the complainant in
the present FIR qua miscarriage will expose
the false and fabricated story of the
complainant which has been cooked up to
implicate the petitioner and his family
members in false and frivolous matter by
misusing the process of law.
21. From the contents of the FIR, it is clear that
the same is just in general nature and
moreover entire family members being named
in the present FIR and a bare perusal of the
FIR will expose the falsity of the story of the
complainant. It is pertinent to mention that as
far as wrong medicines are concerned no such
medicines were administered by the petitioner
and rather the complainant herself admitted
that she went to the Sarojini Nursing home at
hospital along with her mother at Kanpur
whereby the doctor opinioned that due to
weekly pregnancy and excessive bleeding the
complainant could not able to hold the child
and hence miscarriage but the acutal story is
the complainant along with her mother went to
the abovesaid Nursing home to check up for
the pregnancy and after check up doctor
mentioned in his report one week positive urine
test in order to ascertain the status of
pregnancy and also adviced to undergo for
ultrasound.However complainant did not return
to the doctor.Even if her story to be believed of
pregnancy and miscarraige it has happened at
her parental house even the prescription of
Gandhi Nursing home situated at Uttam Naga,
New Delhi reveals the medicines which were
used by the complainant are anti pregnancy
and normally prescribed for the medical
abortion. Hence such miscarriage was planned
abortion which was aborted with the permission
of complainant father and mother and without
the knowledge/consent of petitioner or his
family members.
22. The Petitioner shall abide by all the terms
and conditions as may be imposed by this
Hon’ble Court in case of grant of anticipatory
bail to them.
23. There is no possibility of Petitioner running
away of fleeing from the judicial process in
case of grant of anticipatory bail to them.
24. The Petitioner’s Anticipatory Bail was filed
on 11th January, 2016 and since then he had
joined the investigation as and when called for
and was enjoying the interim bail till the final
decision of dismissal of Petitioner’s
anticipatory bail application was made vide
impugned order dated 19th March, 2016.
25. The Petitioner had joined the enquiry before
the Crime Against Women Cell, Sector-9,
Dwarka and had joined the investigation as and
when called for by the Investigation Officer and
is ready to join any further investigation in the
present FIR.
26. That there is no apprehension of Petitioner
jumping the bail granted by this Hon’ble le
Court or tempering with the prosecution case
or with the evidence.
27. That no similar petition has been filed or
pending before this Hon’ble Court or before
Hon’ble Supreme Court of India or any other
court.
PRAYER
It is, therefore, most respectfully prayed that
this Hon’ble Court may kindly be pleased to grant
Anticipatory Bail to the Petitioner in FIR
No.0898/2015, PS Najafgarh, New Delhi U/S 498-
A,406, 313, 325,34 IPC and the Investigation
Officer/ Station House Officer of the concerned
police station may be directed to release the
Petitioner on bail in case of his arrest in the
interest of justice.
Any further order/relief which this Hon’ble
court may deem fit and proper may be passed in
favour of the Petitioner.
Applicant/Accused
Delhi
Dated: 01.04.2016 Through
Rajiv Khosla &Onkar Roy
(Advocates)
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE …..RESPONDENT
AFFIDAVIT IN SUPPORT OF THE APPLICATION
I, Atul kumar Rana aged aged about 31 years S/O
Sh. Raja Ram Singh Rana R/o 128/1040, Y Block,
Kidwai Nagar, PS Naubasta, Kanpur City (U.P.)
prsently at New Delhi do hereby solemnly affirm
and declare as under:
1. That I am the applicant/accused in the
accompanying application under section 438
Cr.P.C for grant of anticipatory bail.
2. That I am well conversant with the facts and
circumstances of the present case and am
therefore competent to depose the same as
the appellant.
3. That the application has been drafted by the
Ld. Counsel under my instructions and the
contents of the same have been read over,
explained to me in my vernacular and
admitted by me to be true and correct.
DEPONENT
VERIFICATION:
Verified at New Delhi on this…… day of April
2016 that the contents of the aforesaid paras are
true and correct to my knowledge and no part of
it is false and nothing material has been
concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE …..RESPONDENT
APPLICATION UNDER SECTION 482 Cr.P.C.
FOR EXEMPTION FROM FILLING THE
2CERTIFIED COPIES OF THE
DOCUMENTS/ANNEXURES.
MOST RESPECTFULLY SHOWETH:
1. That the accompanying application for grant
of bail of the applicant/accused and the
contents of the same may be read as part
and parcel of this application also as the
same are not being repeated for the sake
brevity.
2. That various documents had been
filed/annexed along with the accompanying
application which are true copies of their
respective originals. The applicant/accused
is not in possession of the certified copies of
the same which will be procured within short
span of time and shall be produced as and
when necessary and directed to be filed by
this Hon’ble Court.
PRAYER
In these circumstances, it is therefore most
respectfully prayed that this Hon’ble Court
may be pleased to:
a. Exempt the applicant/accused from filling
the original/certified copies of the
documents/orders annexed with the
accompanying application as annexures at
this stage,
b. Pass such order and further orders or
directions as this Hon’ble Court may deem
fit and proper in the facts of this case.
APPLICANT
DATE:01.04.2016
DELHI THROUGH
Rajiv Khosla &Onkar Roy
Advocates
Ch. No. 167, Civil Wing,
Tis Hazari Courts, Delhi.
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPL. No. ……… of 2016
IN THE MATTER OF:
ATUL KUMAR RANA …..APPLICANT
VERSUS
STATE …..RESPONDENT
AFFIDAVIT IN SUPPORT OF THE APPLICATION
I, Atul kumar Rana aged aged about 31 years S/O
Sh. Raja Ram Singh Rana R/o 128/1040, Y Block,
Kidwai Nagar, PS Naubasta, Kanpur City (U.P.)
presently at New Delhi do hereby solemnly affirm
and declare as under:
1. That I am the applicant/accused in the
accompanying application under section 482
Cr.P.C.
2. That I am well conversant with the facts and
circumstances of the present case and am
therefore competent to depose the same as
the appellant.
3. That the application has been drafted by the
Ld. Counsel under my instructions and the
contents of the same have been read over,
explained to me in my vernacular and
admitted by me to be true and correct.
DEPONENT
VERIFICATION:
Verified at New Delhi on this…… day of ……
2016 that the contents of the aforesaid paras are
true and correct to my knowledge and no part of
it is false and nothing material has been
concealed therefrom.
DEPONENT
HMA NO. 825/14/13
Atul Kumar Rana Vs Ms. Deepika
02.07.2015
Present: None for Petitioner
Sh. Mahvir Singh, Stated to be father of
respondent.
Father of respondent moved an
application thereby submitting that his
daughter namely Ms. Deepika i.e. respondent
is residing with petitioner at Kanpur.
Let the statement of father of respondent be
recorded as Under: -
statement of Sh. Mahavir Singh S/o Late Sh. Ram
Sahay aged about 45 years R/o B-39, Indra Park,
Najafgarh, New Delhi-110045.
On SA
I am making this statement voluntarily
without any force, coercion or undue influence.
My daughter namely Ms. Deepika i.e. the
respondent is residing with the petitioner at her
matrimonial home at Kanpur and both the parties
are living together happily along with their minor
child w.e.f. 19.03.2014 as per the settlement
arrived at between the parties before CAW Cell,
Nanakpura, New Delhi. My application regarding
residing of respondent with the petitioner is Ex.
C-1, which bears my signature at point A. The
petition be dismissed as withdrawn being settled.
I undertake to remain bound by statement.
RO & AC
Sd/-
M. K. Gupta
District & Principal Judge,
South-West Distt., Family Court
Dwarka, New Delhi/02.07.2015
HMA No. 825/14/13
Atul Kumar Rana vs. Ms. Deepika
Order : -
In view of above statement of father of
respondent, the present petition is dismissed as
withdrawn bein settled. File be consigned to
record room.
Sd/-
M. K. Gupta
District & Principal Judge,
South-West Distt., Family Court
Dw arka, New Delhi/02.07.2015
IN THE COURT OF SH. VIKAS DHULL,SPL
JUDGE(PC)(CBI)-03,DWARKA COURTS, NEW
DELHI
Bail Application NO.CF-0086/16
Atul Kumar Rana Vs State
FIR NO-0898/15
U/S-498A/406/34 IPC
PS-Najafgarh
19.03.2016
Present: Sh Yogendra Adari,Ld Addl.PP for the
State.
Complainant with counsel
IO in person with police file.
Counsel for applicant/accused.
Detailed reply file today by the IO.
Remaining arguments heard and police
file perused.
The allegations against applicant/accused are
that he got married with thecomplainant way back
in the year 2007 and at the time of
marriage,Rs.17 Lacs worth of dowry was given in
marriage. It was alledge that during the course of
marriage, dowry of Tata Safari,more cash and
jewellery was demanded for which complainant
was being tortured.It is also alleged that an
amount of Rs.4,65,000/- has been given to the
applicant pursuant to his dowry demand.It is
further alleged that when complainant got
preganant in the month of February ,2015 then
applicant/accused and mother in law of
complainant gave her wrong medicine which
resulted into mis-carriage of the complainant. It is
alleged that all the dowry articles are in the
possession of applicant/accused and his relatives
and same are not being returned despite
requests.It is further alleged applicant/accused
had caused fracture in the hand of the
complainant way back in the year 2010.
Counsel for the applicant/accused has sought
anticipatory bail on the ground that all the
allegations made against applicant/accused are
false andfabricated. It is further alleged that
although applicant/accused denies receipt of
dowry of Rs.17 Lacs in marriage and thereafter,
Rs.4,65,000/- but still he is willing to deposit the
dowry articles with the IO/court which are in his
possession. It is further submitted that
applicant/accused has joined the
investigation.Accordingly,he has prayed for grant
of anticipatory bail.
On the other hand, ld.Addl. PP for the state as
well as Ld. Counsel for the complainant has
strongly opposed the bail application. It is
submitted that there are serious allegations
against applicant/accused for the causing mis-
carriage of the complainant under section 313
IPC.It is further submitted by Ld.Addl.PP that
there are medical documents with the IO to show
the miscarriage of the complainant and fracture in
hand of complainant.In support of his
submissions,Ld.Addl.PP has cited the judgement
delivered in Mayank Pathak vs.State (Govt.Of
NCT of Delhi) Anr.,(2015)11 SCC,798.
In the facts and circumstances, having
regard to the seriousness of allegations.No case
is made out for grant of anticipatory
bail.Hence,the same is dismissed.
As prayed, a copy of order be given dasti to
Ld.Counsel for the applicant/accused.
(Vikas Dhull)
Spl.Judge(PC Act)(CBI)-03
Dwarka Courts
New Delhi
FIRST INFORMATION REPORT
(Under Section 154 Cr.P.C.)
Distt. South West Delhi PS Najafgarh Year
2015 FIR. No.0898 dated 13.11.2015
2. Acts Sections
(i) Act 498-A/406/34 IPC
3(a) Occurrence of offence Date from
to
Time period Time from hrs. Time to
(b)Information received at PS. date 13.11.2015
Time 13.25 hours
(c) General Diary Reference: Entry No.020-A
Time 13.25 hours
4. Type of information Written ** /oral
5. Place of occurrence
(a) Direction and distance
of the Police Station. Beat No.
(b) Address:
(c) In case falling outside the limit
of the Police Station, then
Name of PS........... Distt. ...............
6. (a) Name of Complainant/Informant DEEPIKA
(S/O) MAHAVIR SINGH
(b) Date/year of birth Nationality India
(d) Passport No. Date of issue
(e) Place of issue
(f) Occupation
(g) Address: B-39, INDIRA PARK, NAJAFGARH
SOUTH WEST DELHI-INDIA
7. Details of known/suspected
accused with full particulars
(attach separate sheet if necessary)
(1)
8. Reasons for delay in reporting No Delay
by the complainant/informant.
9. Particulars of properties
stolen ( attach separate
sheet if necessary
I) Property type (Description) Estimated
value
10. Total value of property
stolen. Status
11. Inquest report/U.D. case
if any.
12. FIR. contents (Attach separate sheet, if
required).
To The DCP Saheb, SPU W&C, Nanakpura, New
Delhi: Sub: Complaint against husband Atul
Kumar Rana, mother in law Vimla, father in law
Rajaram Singh Rana, Devar Prashant Kumar, and
sister in law by complainant Deepika for dowry
harassment and mental and physical cruelty.
Sir, It is respectfully submitted that my
(Deepika’s) marriage was solemnized on
30.11.2007 according to Hindu Marital rights and
ceremonies with Atul Kumar Rana S/o Shri Raja
Ram Singh Rana, address 128/1040, Y Block
Kidwai Nagar Kanpur Uttar Pradesh at RZ-21-22,
Park near Roshan Mandi, Najafgarh, New Delhi.
At the time of marriage, my parents had gifted
dowry articles, gold jewellery, car and cash much
beyond their financial capacity to them. On
28.10.2007 at the time of “Goad Bharai”
ceremony, my husband Atul Kumar and father in
law Rajaram Singh, mother in law Vimla
demanded a larger car as dowry when my father
and other relatives explained the situation and
they had also accepted the position and after
formally completing the said ceremony, they had
gone back the following day. On 30.11.2007 after
the Jaimala, my husband and mother in law,
father in law told me and my father to demanded
Rs.10.0 lakh in cash and Safari vehicle apart
from gold jewellery in dowry while declaring that
Phera ceremony would only follow that and my
sister in law also demanded gold chain from me.
The issue became so serious that all relatives
gathered for the marriage ceremony came to
know that the bride’s in-laws are making huge
demands of money. My relatives and father tried
their best to bring round my in laws but they did
not relent while my husband and father in law
started being abusive and violent with my
parents. Still the relatives gathered there tried to
reason with them after which they relented and
the marriage ceremonies were completed; when
after the ceremonial send off, I came to my
matrimonial home alongwith my husband, my
mother in law and sister in law were not allowing
us to enter the house when the women present
also tried to reason with them and only then I was
allowed to enter the matrimonial home and on the
first night, my husband had consummated the
marriage and on the following day, my husband,
mother in law, sister in law had removed the
entire jewellery worn by me and told them that
they will keep it in safe custody. A week after the
marriage when I was to return for the “Pug-phera”
ceremony to my parental home I asked for the
jewellery which they refused to return and I came
to my parental home at B-39, Indira Park,
Najafgarh, New Delhi-110043 alongwith my
husband, mother in law, devar etc. My family
treated them to a rousing reception and on the
following day, my husband, mother in law, sister
in law and Devar demanded from my father the
sum of Rs.10.0 lakhs promised to be given as
dowry while reminding him that on the day of
marriage they had acceded to performing the
marriage without such payment at the behest of
relatives present but now this demand has to be
met. My father requested that he had two other
daughters and is thus unable to pay such huge
amount of cash but my sister in law (Deepika)
demanded a Gold chain while my devar also
demanded the gold chain and on our inability to
give the same, my husband, mother in law, sister
in law and devar started abusing my mother and
resorted to physical violence but I did not report
the matter to police merely for the sake of saving
my marriage. On the following day, my husband,
mother in law, sister in law and devar started
moving out without taking me along and saying
that unless their aforesaid demand is met, they
will not take me to the matrimonial home and thus
they had left leaving me behind and my husband
went to the house of his paternal aunt (Bua) at
NOIDA. After 15 days my father telephoned and
asked my husband and father in law as when they
intended to take the bride back, my husband and
father in law declared that they did not have time
while asking him to leave me at the matrimonial
home themselves and after about one month, my
parents took me along to the matrimonial home.
For some days my in-laws had maintained cordial
relations but then my husband, mother in law,
sister in law and devar started harassing,
torturing and abusing me on petty issues and
once when I got up late in the morning owing to
some weakness, then my husband and mother in
law started abusing me. I complained about this
to my father in law but he also started scolding
and abusing me. I told my parents about this. My
father took up the issue with my husband and
father in law and tried to pacify the situation; on
this the situation remained some what peaceful
for a few days and then on one fine day, when a
tea cup got cracked, my mother in law, sister in
law and Devar started abusing me while my Devar
caught hold of my hands and my mother in law
and sister in law slapped me repeatedly. I
reported this incident to my father and my father
came to my matrimonial home the following day
and took up the matter and after pacifying the
situation, my mother in law and devar accepted
their guilt and assured that this will not be
repeated in future; I returned to Delhi with my
father and stayed back with them for 4-5 months
while my in laws did not make any inquiry about
my welfare. My father brought the issue to the
notice of other relatives known to my in laws
telling them about the gross misbehaviour meted
out to his daughter while living in the matrimonial
home on which all of them reprimanded my in-
laws but despite this, my in laws did not make
any effort for nearly nine months to take me back
and ultimately my parents had to take me back to
the matrimonial home and tried to reason with my
parents in law while my mother had taken up the
issue with my mother in law and sister in law
after which my parents returned home. Two two
months they treated me normally but thereafter
my husband started returning home late and once
came to me at 2.00 AM in seriously drunken
condition and started abusing my parents while
declaring that he had a licensed revolver and that
he will shoot me and my parents; about this I had
complained to my parents in law while my sister
in law and Devar also reached there. Upon seeing
them, my husband started abusing me filthily and
giving me kicks and fist blows and twisted back
my hand while hitting it with his legs; my sister in
law caught hold of from my hair while hitting it
against the ground; my parents in law
continuously exhorted them to kill this “saali”
once for all; my devar gave many kicks and fist
blows to my abdomen while I kept crying but no
one came to my rescue and I lost consciousness
but my husband and in laws still did not relent
and did not take me to any hospital. When I
regained consciousness, my in laws ran away out
of fear. There was acute pain in my hand and
entire body when I related the whole episode to
Prince who is related to me as Devar and he took
me to the doctor who diagnosed the injury and
advised to put the hand in plaster but he got
some medicines for me and dropped me home. I
intimated my father on phone on the following day
on which my parents also came to my marital
house when my husband, mother in law, father in
law, sister in law and devar started abusing them
and the locality people had gathered. Looking to
my condition, my parents took me to Delhi where
I had received treatment in Sinha Nursing Home
and my hand was put in plaster while my father
bore all the expenses. After about ten days, my
father phoned his counter part complaining about
such violent beating of his daughter and causing
fracture of her hand and asked him as to much
humane is this? and told him that he and his wife
were coming to Kanpur on 26.3.2010 alongwith
some respectable persons and my daughter
Deepika and when he alongwith his wife and
some other relatives reached Kanpur, my
husband, mother in law, devar, sister in law were
present there along with some neighbours. All of
them discussed about some compromise but my
husband and in laws started abusing and
resorting their violent behaviour towards my
parents and other relatives when my father had
rang up the police at No.100. At about 1.30 AM in
the night the police personnel arrived when the
SHO and tried to reason with my husband and
other in laws and told them that the girl will
accompany her parents back and that they should
go and bring back the girl themselves. My
husband and other in laws apologized to me and
my parents while I returned with my parents to
Delhi and remained there for 16 days. After 16
days, my husband came at night in drunken
condition and started quarrelling and hitting me
violently and also abused my parents but still I
did not complain to the police against my
husband merely to save my marital life. The
following day my husband took me along and
returned to the matrimonial home where the
situation remained normal but only for a few days
while my husband had been going to attend his
share-marketing business but returning late in the
night in drunken condition. On 1.7.2010 I went
out with my sister in law for medical check up
when the doctor advised that I was carrying two
month old pregnancy and after giving some
medicines he sent me back home and advised me
to get such check up every month. 4-5 days after
returning home, my husband and mother in law
asked me as to why had I gone for such check up
and making this an issue, my mother in law gave
me a kick blow in the abdomen, my husband
caught hold of my hands while both of them kept
beating and abusing me. I intimated my father
about this on the same day and my father
reached there on the following day when I related
the whole story to him and because of my
deteriorating condition, I returned to Delhi
alongwith my parents when they got me medically
checked up in Gandhi Nursing Home on
20.8.2010. The doctor opined that he could tell
about condition of the child after Ultrasound and
after ultrasound, he stated that the foetus
condition was not good and thus I remained
admitted in the nursing home for six days and
further three months’ bed rest was advised while
continuing medicines. On 4.3.2011 I gave birth to
a female child in Gandhi Nursing Home and
information thereof was given to my in laws. On
5.3.2011 my husband and mother in law came to
meet me in the hospital. They stayed for some
time in the hospital but did not discuss anything
about taking me back while returning on the
following day. My parents had to bear all the
Natal expenses. After the child birth I stayed with
my parents for nearly 20 days and on 20.3.2011
my husband and father in law called us to inform
that “Goad Bharai” ceremony of their daughter is
to take place and that we should reach Kanpur in
time alongwith Deepika. I travelled by train
accompanied with my mother and reached Kanpur
when my husband and in-laws treated me
cordially for nearly nine months because
marriage of my sister in law was to be performed
during November, 2011. After the marriage of my
sister in law, their atrocities started once again
and during December, 2011 I had to inform my
parents about this. Hearing this, my parents
again came and tried to reason with my husband,
parents in law, Devar, etc. collectively while
advising them to let us settle down in the family
but my husband, mother in law, father in law and
devar did not relent and asked my parents to take
back their daughter finally. I demanded my entire
Stridhan back from my husband, mother in law,
father in law and devar but they did not return the
same and all of them have illegally retained my
entire Stridhan including gold jewellery which are
in possession of my husband and parents in law
and brother in law. I returned to Delhi alongwith
my parents. From December, 2011 to May, 2012 I
stayed in my parental home during which my
father had told all relatives about my condition.
During June, 2012, my husband, parents in law
and their relatives had convened the Panchayat
in Kanpur where my parents also reached
alongwith other relatives. The respectable
persons from both sides tried to find a solution
when my husband and parents in law agreed to
accept me back in the matrimonial home and I
alongwith my daughter accompanied my husband
and parents in law to reach the matrimonial
home. For six months they treated me well and
after some days my husband and parents in law
again started picking up quarrels on petty issues.
I again informed my father who talked to my
husband and other relatives that in laws of
Deepika have once again returned to their old
tantrums but my husband and parents in law did
not give any satisfactory reply but I remained in
the matrimonial home only to save marriage. On
8.2.2013, my sister’s marriage was to take place
and I reached my parental home with my mother
who had come to take me to Delhi during
January, 2013 for attending the marriage. Since
then I have been forced to stay back in my
parental home and my in laws’ family has never
looked back. On 22-23 February, 2013 my
husband had called me at No.8505817239 while
appearing to be in drunken condition and told that
he will shoot my old parents or else I should
leave him alone and divorce him. He told me that
he had filed a divorce case and will decide the
matter in court and will never come to take me
back. My husband, parents in law and Devar had
demanded dowry from my parents and had
resorted to serious violence with all of us and had
cruelly treated me, therefore, deterrent action be
taken against them. On 19.3.2014, my husband
Atul Kumar and father in law Raja Ram Singh
Rana and his relatives had given in writing that
they intended to allow us to settle down and on
that very day, my husband Atul Kumar had come
to home at B-39, Indira Park, Najafgarh New
Delhi for taking me back. On that day, my
husband had made a further demand of Rs.5.0
lakhs as dowry when my parents had told him that
they not have that kind of money at that time and
assured him to get the same after some time. On
that day my husband took me and my daughter to
the matrimonial home at Kanpur and for some
days everything went well but after a few days my
husband Atul Kumar started living with his mother
while I was staying alone in the ground floor with
my daughter. My husband used to sleep with his
mother in the first floor and I requested him many
a times but he insisted that till his demand for
Rs.five lakhs is met, he will not return to sleep
nor will maintain any relations with me. When I
objected to such conduct, my husband, mother in
law, sister in law Deepika and devar started
abusing me filthily while my mother in law and
sister in law caught hold of my hair and hands
and pinned me down when my husband and devar
started beating me with kick and fist blows and
threatened to throw me out of the matrimonial
home. I related everything about this to my
parents when my parents and other relatives took
up the issue with my in laws and they kept me
normally for some days after which I had
conceived. I had told this to my husband and
mother in law and also to my mother through
telephone. Once when I was having acute
headache and fever, I told my husband but
instead of giving me medicine for my illness, they
forced me to take five tablets which resulted in
severe bleeding to me and my condition
deteriorated further. I phoned my mother about
this but when I told my husband, mother in law
and sister in law about this, none of them took to
any doctor. My mother came to me on 7.2.2015
and took me to Sarojini Medical Centre, Kanpur
where the doctors conducted complete medical
check up and advised that the pregnancy is very
weak and I should not lift weights and should not
undertake any heavy duty otherwise such
bleeding will recur. On the same night severe
bleeding resumed again and miscarriage resulted.
I was given medicines which had led to this
situation. There was no one to take care of my
condition. I was suffering from blackouts
therefore after consulting my husband I came to
Delhi with my mother on 9.2.2015 where I was
admitted in Gandhi Nursing Home, Om Vihar,
Uttam Nagar on 10.2.2015 and the doctors
examined me and sent me back after giving some
medicines. After some days my husband came to
B-39, Indira Park, Najafgarh, New Delhi-43 and
after staying for one day, he repeated the same
demand of Rs.5.0 lakhs and since my parents had
some cash with them and they raised more from
some known persons and gave Rs.4,65,000/- to
my husband while my husband took me and my
daughter to Kanpur. After treating me normally for
some days, my husband’s conduct assumed same
conditions as before and although I have tried my
best to save the marriage but my husband, devar
and parents in law are bent upon ruining our
marriage and resort to violence, harassment and
dowry demands and those people have now
crossed all limits. My father in law Rajaram Singh
Rana abuses me in a filthy manner while my
mother in law Vimla and father in law Rajaram
Singh and Devar Prashant and husband Atul
Kumar have been beating me mercilessly and
have frequently fought with me and beaten me
while threatening that they will force me out of
the matrimonial home. My husband, parents in
law and Devar have always beaten me while
giving kick and fist blows which has caused
injuries to my breasts and abdomen; had torn my
clothes, demanded Rs.10.0 lakhs as dowry. Legal
action be taken against all of them and my earlier
complaint be reopened. Thanking you,
complainant Sd/- English Deepika D/o Shri
Mahavir Singh, B-39, Indira Park, Najafgarh,
Delhi-110043 Phone No. 9818687941 dated
28.7.2015. Atul Kumar Rana S/o Rajaram Singh
Rana address 128/1040, Y Block, Kidwai Nagar,
Kanpur Uttar Pradesh Pin-208011 phone
No.09580012541 Atul Kumar Rana 09415147942,
Rajaram Singh Rana 09415232289 Shrimati
Vimla. Duty Officer. Register a case under
Section 498-A/406/34 IPC and investigation
handed over to me. Sd/- English SI Hawa Singh,
D-361 PS Najafgarh Date 13.11.2015. Police
action: On the receipt of Tehrir, a case under
Section 498-A/406/34 IPC has been registered.
Copy of FIR alongwith original rukka handed over
to SI Hawa Singh for further investigation.
Information will be sent to senior officers through
dak. HC/DO
13. Action taken. Since the above report reveals
commission of offences under sections as
mentioned at item No.2.
(1) Registered the case and took up the
investigation
(2) Directed/Entrusted (Name of I.O. HAWA
SINGH SI (SUB INSPECTOR) NO.16080011 Rank
SI to take up the investigation.
(3) Refused investigation due to........
(4) Transferred to PS........ Distt......... on point
of jurisdiction.
FIR was read over to the complainant/informant
admitted to be correctly recorded and a copy
given to the complainant/informant free of cost.
14. RO&AC. Signature and thumb impression
of the complainant/informant.
Signature of the officer
Sd/- RAMBIR SINGH
Rank HC (HEAD CONSTABLE)
PIS. No.
( True Translation )
15-249-15
(11)
SENIOR SUPERINTENDENT OF POLICE
KANPUR CITY
Please refer to your Endorsement Order
No.SSP-C-C-15-249/15 dated 24.8.2015 which
relates to the filing of report after conducting
inquiry into the complaint of Shri Raja Ram Singh
Rana, Inspector, Anti Corruption Department
Kanpur of 128/1040, Y- Block, Kidwai Nagar,
Police Station Naubasta, Kanpur City.
In this behalf, it is to be respectfully
submitted that detailed inquiry report based on
the complaint of Shrimati Deepika Rani W/o Shri
Atul Kumar Rana D/o Shri Mahavir Singh,
resident of B-39, Indira Park, Najafgarh, New
Delhi daughter in law of the above named
complainant had already been submitted in
compliance and upon receipt of your endorsement
No.SSPC-15-228/15 dated 11.8.2015. Separate
inquiry based on the complaint of applicant does
not seem to be required. Photocopy of the
Investigation Report submitted earlier is being
annexed for your kind perusal.
Report is accordingly submitted for your kind
perusal.
Sd/- Vishal Pandeya
Station Officer, Govind Nagar
Kanpur City
Encl: As above
Dated: August ,2015
The Senior Superintendent of Police
Kanpur City
Kindly refer to your Endorsement order No.
SSP-C-228/15-II dated 11.8.2015 which called for
submission of the report after conducting inquiry
into the complaint filed by complainant Shrimati
Deepika Rana W/o Shri Atul Kumar Rana D/o Shri
Mahavir Singh, resident of B-39, Indira Park,
Najafgarh, New Delhi-110043.
ALLEGATIONS
The complainant above named has mainly
recorded in her complaint that her marriage was
solemnized on 30.11.2007. My father had gifted
in the marriage the Innova car which is registered
in my name which is now in custody of my in-laws
and which my in laws have refused to return and
the jewellery given by my parents at the time of
my marriage is also retained by my in-laws which
they are not returning to me. Since 2007 to 2010
I had been harassed and cruelly treated both
mentally and physically as a result of which my
right hand was fractured. Since July, 2010 they
had been beating me. My mother in law Vimla
gave kick blows to my abdomen while my
husband had caught hold of my hands. On
17.7.2015, my husband, father in law, brother in
law (Devar) mother in law and sister in law had
beaten me up mercilessly and tore my clothes
after which my father in law tried to physically
molest me against which I have lodged a
complaint with PS. Naubasta recording all those
allegations.
DESCRIPTION OF INVESTIGATION
During the course of investigation, the
complainant Shrimati Deepika and the opposite
party – complainant’s husband Shri Atul Kumar
Rana and father in law Shri Raja Ram Singh
Rana, Shri Satyendra Kumar Mishra, Inspector,
BNS, Kanpur City and independent Mohalla
residents were interrogated.
Upon interrogation, the complainant Shrimati
Deepika Rana W/o Shri Atul Kumar Rana D/o Shri
Mahabir Singh resident of B-39, Indra Park,
Najafgarh, New Delhi-110043 Mobile
No.9818687941 disclosed that “my marriage was
solemnized on 30.11.2007 with Atul Kumar Rana
S/o Shri Rajaram Singh Rana, resident of
128/1040, Y-Block, Kidwai Nagar,PS. Naubasta.
After the marriage, those people had started
torturing me physically and mentally and after
such quarrels, they resorted to beatings and with
a view to implicate me and my father in false
cases, they continued to file complaints.
Thereafter constant incidents took place. From
time to time, the police was informed about such
complaints against them. On 20.3.2013, a
complaint was lodged with the DCP (Crime
against Women Cell) Nanakpura, New Delhi for
such dowry harassment and cruelty. When the
matter reached the stage of registration of FIR
against them, they assured through relatives that
they will maintain the girl in a respectable manner
and that they wishes to settle down the family.
Upon this, settlement was recorded in writing
twice on 25.7.2013 and 19.3.2014. On 24.2.2010,
my mother in law, sister in law, husband and
brother in law resorted to physical beatings which
resulted in fracturing my left hand. My father in
law was also present on the spot. Report about
this was lodged with 100 PCR. Local Police
reached the place of occurrence when my in laws
started requesting with folded hands. Thereafter
during July, 2010 again, my in laws gave physical
beatings to me for the reason that I had gone for
a medical check up alongwith my sister in law of
my own to the doctor who opined that I was
carrying pregnancy since two months and sent me
home. 4-5 days after this, my husband and
mother in law scolded for having got myself
checked up without consulting them which led
from abuses and insults to physical beatings
which resulted in my falling down on the ground
and losing consciousness. I reported this to my
parents on phone and my parents came to Kanpur
and reprimanded my husband and father in law as
to why had they not taken me to the Doctor. Upon
this all my in laws started misbehaving with my
parents asking them to take away their daughter
and get her treated there. On 19.8.2010 my
parents took me from Kanpur to Delhi and
admitted me in Gandhi Nursing Home on
20.8.2010 for check up. Upon receipt of the
Ultrasound report it was revealed that all was not
well and I was admitted and remained there for
five days. Afterwards, they advised me bed rest
for 3-4 months and the medical treatment
continued. On 4.3.2011, I gave birth to a female
child in Gandhi Nursing Home. During all those
months, none from my in laws came to visit me.
Medical documents are annexed. “Goad Bharai”
ceremony of my sister in law was to be performed
in Kanpur but they did not come to take me there
even at that time while advising me to reach
there on my own. When I reached Kanpur they
treated me normally only for a few days to avoid
any complication. Then similar misbehaviour,
beatings, abuses and insults were repeated. On
12.3.2014 I filed another complaint requesting for
legal action against Rajaram Singh Rana and his
family. The complaint is annexed. In this way, on
23.7.2014 and 24.7.2014 also, my mother in law
Vimla Devi, husband Atul Rana, brother in law
Prashant Kumar resorted to physical beatings and
abusing me. After such quarrel the above named
Vimla Devi had gone away to stay with her sister
at Anarkali. I gave this information to my parents
on phone. My father lodged a complaint against
these persons with SHO, Anand Parbat, New
Delhi on 26.7.2014 and also apprised the SHO
Anand Parbat New Delhi of the facts on
28.7.2014 and the same were investigated. They
were called to the police station but they did not
come. They were directed to approach the girl at
Kanpur, apologize and revert back to him. During
March 2013 my father in law, husband, mother in
law and Devar conspired against me and filed a
petition under Section 13 of Hindu Marriage Act
seeking a decree of divorce before the Presiding
Officer, Family Court, Kanpur wherein I had gone
to appear in the court on 14.3.2013 alongwith my
father and paternal uncle (Phoopha). When I had
reached near the court, my husband Atul Kumar
came alongwith 3/4 boys and blocked our way
while starting to abuse us in most filthy language
and while threatening to kill us, Atul Rana flashed
his Licensed Pistol and declared that if we were
ever seen there, he will put all the six bullets
inside us. This complaint was given in writing to
PS.Kotwali Kanpur. Thereafter, SSP Kanpur/DIG
Kanpur were also apprised in writing on
16.5.2013. There being no action, reminder was
sent on 2.6.2013. On 17.10.15 at 11.45 my
mother in law, father in law husband and brother
in law violently attacked me with kicks and fist
blows and tore my clothes and attempted to
commit rape on me. I suffered injuries on my
breast, abdomen and feet while they took out a
revolver threatening to kill me. Somehow or the
other I came out and dialled 100 number and
apprised the police at PS Naubasta about the
situation and went to the police station. All these
details are recorded in my complaint which is
annexed. I had suffered multiple injuries. Upon
directions from SSP/PRO and CO Govind Nagar,
the SO. PS Naubasta did not get me medically
examined. My father continuously tried to contact
the higher authorities and in this connection, SO
Naubasta called me to the police station on
18.7.2015. In a room there also, I was given
threats of being thrown out of the house and not
being allowed me to stay and talked to me
insultingly and when I was just to move out of the
police station, they abused my mother in a filthy
manner which issue was reported in writing to the
SO and SSP on which the SO recorded a case
under Section 504 IPC against Raja Ram. They
misbehaved with my father also in presence of
the SO while threatening that they will implicate
us in such false cases that we will remember.
From this it is clear that my in laws had
constantly been treating me cruelly. There were a
number of Panchayats attended by their relatives
also but there was no allegation against me. After
the incident of 17.7.2015, they have started
making false insinuations only to prevent any
action against him. False FIR was lodged against
my parents. I request that FIR should be lodged
against my in-laws for committing the offences of
cruelty and harassment to force dowry demands,
resorting to abusive misbehaviour and attempt to
commit rape against me. This is my humble
request.
The opposite party Shri Atul Kumar Rana
aged 30 years S/o Shri Rajaram Singh Rani,
resident of House No.128/1040, Y Block, Kidwai
Nagar was interrogated who had stated that “His
marriage was solemnized in the year 2007 with
Deepika D/o Mahavir Singh, resident of B-39,
Indira Park, Najafgarh PS Najafgarh, New Delhi
without any dowry. The applicant was studying for
his MCA in Delhi during the year 2007; his father
Rajaram Singh Rani was suffering from heart
ailment and working in the Police and posted in
another District; There were my mother in the
household, younger brother Prashant Rana and
sister Dipika who were still studying; his father
was posted as Station Officer in Hargaon, Distt.
Sitapur; Mother’s presence was required for
constantly looking after his father; during this
period, Surajpal Singh who knew my father and
Deepika’s father Mahavir Singh negotiated our
marriage which was solemnized about eight years
ago; a daughter now aged about five years was
born from the wedlock with me; that I needed one
car and the Innova Car which is claimed to have
been given to my in dowry was actually
purchased from my own money; advance payment
of Rs.10,000/- was deposited by me Atul Kumar
Rani and DD and cheque No.244069 for
Rs.4,00,000/- dated 19.11.2007 were used from
the accounts of my mother Vimla Rana and Atul
Kumar Rana and Rs.3,00,000/- cash was paid to
M/s Galaxy Auto Mobile Pvt.Ltd., 69/1-A,
Najafgarh Road, Moti Nagar Crossing, New Delhi-
110015 and the remaining amount was also paid
by taking cash from my father; my father in law
had committed fraud with me right from the
beginning; I did not comprehend that I will
become a victim of such fraud when he got the
car registered in the name of his daughter
Deepika. When I went to the company showroom
to get delivery of the vehicle, I was shocked since
the entire amount by draft and cash was paid by
me while the car documents were prepared in the
name of Deepika D/o Mahavir Singh; I had
protested about this to Mahavir Singh to which he
replied that since I did not have any ID proof
there, the vehicle could not be registered in my
name; that there was nothing amiss since I was
his son in law and Deepika was my wife, it will be
all the same; I had repeatedly requested him to
get the car transferred in my name at my Kanpur
address but he continued to skip the matter and I
had learnt that out of the amount paid by me, an
amount of Rs.1,90,000/- had been shown by
Mahavir Singh as loan from the company; in this
manner, Deepika and her parents had got the
vehicle purchased with my month delivered in her
name and thus they have committed fraud with
me; my parents in law had repeatedly taken the
car to Delhi while returning the same alongwith
Deepika; both families have been using the
vehicle; if they submit the account properly, I do
not have any objection in giving the vehicle back
to Deepika in whose name the vehicle is
registered; photocopy of the statement of account
about payments having been made to Galaxy
Toyota are annexed for perusal; My wife’s father
or anyone from their side had never given any
jewellery or clothes in the marriage nor is the
same being retained by us; rather some
ornaments given by my parents including four
gold bangles, two gold necklaces one paid of gold
Jhumkas, gold “Nathth”, one silver Pazeb and all
sorts of wedding clothes given by them have been
maliciously and illegally retained by her mother
Meera and father Mahavir Singh and which have
not been returned till date. I had mentioned all
these details in the documents annexed with the
Divorce Petition by me.
2. Right from the beginning after marriage, my
wife did not wish to stay with me. My parents in
law wanted me to settle down in Delhi and to
spend whatever I earn on their family because my
wife had two younger sisters and one younger
brother. Father in law Mahavir Singh was serving
in a Private company with very ordinary salary
and they needed me to give support to their
family. My father in law used to drink and was
unable to make his both ends meet and thus he
was pressurizing me; in the meanwhile my
younger brother Prashant went to join AIMT
College, Lucknow for his B.Tech degree from
where he qualified in year 2013 and underwent
coaching for IAS. My younger sister did her
M.A.,B.Ed. and joined Rao Coaching Centre while
living in Lucknow for preparing for her Civil
Service examination in the year 2010 and during
2011 she was married with an Engineer of Jaipur.
My father lived out of station while I and my
mother were alone in the house. For my business,
I obtained franchisee of M/s Vickson Securities
Commodities Pvt.Ltd. in Kanpur. From 2007 to
2010 my wife and parents in law harassed me no
end and used to travel by Innova while returning
after periods of three and even four months;
taking away what ever I had earned and the worst
part came during 2010 when Mahavir Singh
accompanied with 10-12 persons in two vehicles
descended at my house during the night and
started rowdy scene; Mahavir Singh was the
District President of BSP in Najafgarh and there
was BSP government in power; wife Deepika,
mother Meera and grand mother had also
accompanied them and resorted to acute
rowdyism on which I had to report the matter to
Police Control Room and local police station
Naubasta; upon arrival of the police, those
people ran away while my wife had wrapped cloth
around her wrist while falsely claiming that I had
fractured her hand; I confronted them that when
she was with you people for the last three months
how could I fracture her hand in Delhi and when
the police wanted to examine her hand, all of
them ran away. It is absolutely wrong that she
had filed any complaint with PS.Naubasta or
before any higher authority during 2010 or that I
or my mother had resorted to beat her; on the
contrary they were taking undue advantage of
their contacts in BSP and there being BSP
Government all of them had come for pressurizing
me which I had reported to the police. Right from
the time of my marriage in the year 2007, they
have been harassing and intimidating me and my
family; I or my family have never caused any
cruelty.
Thus seriously apprehending that my wife,
who does not intend to live with me and intends
to implicate me and my family members in false
criminal cases, on 23.1.2013, I had filed the
petition seeking divorce titled Atul Kumar Rana
Vs. Shri Deepika (Deepa) under Section 13 of
Hindu Marriage Act before the Chief Presiding
Officer, Family Court Kanpur vide Petition
No.98/2013 copy of which is annexed but after
coming to know about pendency of the case,
Deepika and her parents have filed a false
complaint on 23.3.2013 before the Crime against
Women Cell, Nanakpura, Delhi while making
wholly false allegations against me and my family
members and during such course, my wife had
stealthily removed the jewellery from my house
while giving the same to her mother and upon
demanding its return, she used to quarrel; on
6.1.2013 when I was all alone in the house, my
mother in law came from Delhi and forced me to
come to Delhi and on my refusal, when I had left
for office on 9.1.2013 at around 9.00 AM, my
mother in law left with Deepika while taking along
the cash amount of Rs.70-80 thousand and the
entire jewellery kept in the house; that on
10.3.2013 again my father in law, mother in law
and wife came and misbehaved with me and my
mother and violently attacked us while giving
threats to kill us and with the intent to put our
house on fire, they gutted one Sofa for which I
had filed the complaint under Section 156(3)
Cr.P.C. before the court of Hon’ble ACMM Ist
Kanpur on 18.4.2013; that after I initiated such
action on 23.1.2013, my wife and parents in law
filed various complaints exaggerating the
allegations which were found to be false upon
inquiry because had there been any truth in
either of such complaints, cases would have been
registered against me and my family members
both in Delhi or in Kanpur. My father was posted
out of station and upon assurances from wife and
parents in law that there will not be any future
complication, I used to accept my wife in the
household but again, she and her parents started
putting pressure on me for settling down in Delhi
while taking away my entire earnings; the petition
filed by me in Kanpur seeking decree of divorce
has since been transferred to Dwarka Courts in
Delhi on the directions of Hon’ble Supreme Court
where I had gone to attend the hearing since they
are residing in Delhi; they had also obtained the
settlement of dispute pending before the Crime
against Women Cell; on 2.7.2015, in the Divorce
Petition pending in Dwarka Courts my father in
law Mahavir Singh had admitted in writing that his
daughter Deepika was residing with Atul in
Kanpur and the case be dismissed. From the
written information given to the court by my father
in law, it is clear that his daughter Deepika and
Atul were happily residing in Delhi without there
being any harassment or pressure; that I had not
appended my signatures on the compromise in
court; my father in law has intentionally got the
petition dismissed; here I have to state also that
had I or any of my family members ever harassed
Deepika, my father in law would have brought this
matter to the notice of Hon’ble court; from the
above decision it is apparent that the court had
dismissed the petition only upon statement being
made by my wife’s father Mahavir Singh that
there were no complaints.
That the applicant’s maternal aunt and her
family are residing at Patel Nagar in Delhi. My
younger brother Prashant received his
appointment letter for the post of Civil Engineer
Site Engineer in Bangalore (copy attached) on
5.8.2014 for which I and my mother had to go to
Delhi and when my wife learnt about this, she
vehemently protested such visit while saying as
to why was I going to Delhi; that your mother and
brother can go on their own on which I told her
that being the elder son in the family, it was my
duty to accompany them and further that I had to
get my mother treated in Delhi but being enraged
from this, my wife immediately called her mother
and sister from Delhi and told me that she was
going to Delhi with her mother; upon my protest
for the reason that I had to take my mother to
Delhi for her treatment, both my wife and her
mother misbehaved with us using all sorts of
filthy language and threatened that if I went to
Delhi, they will enact rowdy and obscene
situation in the household of my maternal aunt
living in Patel Nagar Delhi because my wife and
parents in law did not wish me to maintain any
relationship with my own family. After this when I
alongwith my mother and brother reached my
maternal aunt’s house at Delhi Patel Nagar, my
father in law Mahavir Singh gave telephonic
threats to my maternal aunt while stating that if
they came to our rescue, they will also have to
bear the brunt of the situation; on hearing this my
material aunt told him to do whatever he liked but
she will get treatment for her sister and send her
back in four/five days. During this phone call,
Mahavir Singh had used all sorts of bad language
against my maternal aunt while fearing that she
may not register some complaint against him, etc.
but it was learnt later that he himself had filed a
complaint by making highly exaggerated
allegations while we had returned after seeing off
my brother and mother’s treatment for four/ five
days. Immediately upon our return my mother in
law talked to Mahavir Singh and my parents in
law forced me and my wife to live separate from
my family.
That during August, 2014, when we were
living in the ground floor after having been
separated from my old mother, my parents in law
took along my wife to Delhi whenever they wished
even without informing or obtaining my consent;
upon my protest, they pressurized and quarrelled
while preventing even my daughter to meet her
grand parents. In the first week of February, 2015
my mother came and on 8 th or 9th February, 2014
she took her to Delhi without my consent; I learnt
that my parents in law had got my pregnant wife
medically examined in a Nursing Home in Kanpur
and on 13th/14th February 2015 my parents in law
and sister in law Alka who is undergoing Nursing
Training managed to abort such pregnancy of my
wife in Gandhi Nursing Home Delhi without any
cause although it is a cognizable offence; I took
up the issue but all of them lied to me; when I
offered to take her back, she refused and told
that she will return on her own; my wife who had
left during February with her mother only returned
after five months during June when her mother
dropped her back; owing to the aforesaid abortion
I stopped talking to my wife and started living in
the upper floor; I had serious doubts about my
wife’s character but for fear of resultant insult I
did not talk to my parents about this; on 6 th 7th
July, 2015 my mother in law came to Kanpur and
started living with my wife; mother daughter due
started quarrelling with me often and under such
stress I informed my parents about the situation
and then my father talked to Mahavir Singh on
phone while asking him to come to Kanpur
because his wife and daughter were creating
havoc here and also that he had to clarify some
vital issues but Mahavir Singh did not take it
seriously because he himself was involved in all
this; and in a planned manner on 10.7.2015 at the
behest of Mahavir Singh, they levelled false
allegations to attempt to rape against my old
father who is 59 years 7 months old; presence of
me and my brother was also alleged although
mother in law was also present; for such
concocted allegations I have to submit further
that this incident is alleged to have taken place
on 17.7.2015 at 11.45 in the ground floor portion
of house; my wife was talking to her father
Mahavir Singh on his phone number 9818687941
while using her phone number 9807936466
almost daily and also using phone
No.8505817239 of mother in law Meera. On
17.7.2015 my wife had called her father from
phone No.9807936466 at 11.4.16 for 132
seconds; thereafter Mahavir Singh using his
phone number 9818687941 talked to Deepika at
her phone number 9807936466 at 11.55.32 for 62
seconds and again at 11.59.49 seconds for 33
seconds and at 12.03.28 for 50 seconds and
Mahavir Singh talked to his wife at 12.10.51 for
67 seconds. Similarly, mother in law Meera used
her phone number 8505817239 to call Deepika at
number 9807936466 at 11.49.27 and cut the call
immediately in one second and Mahavir Singh
calling from his phone number 9818687941 to
Meera’s phone number 8505817239 at 14.22.52
many times till 16.32.48. At the time of alleged
incident, Deepika and her mother Meera had their
location in Tower of Pashupati Nagar showing
them being together at that time but they had
never told Mahavir Singh about any such incident
taking place and no person from locality had any
information about such incident. They have
fabricated this false case. Upon Mahavir Singh
guiding his wife and Deepika she had made the
call to SO Naubasta on phone No.9454403741 at
12.31.47 after nearly three quarters of an hour.
According to conspiracy hatched by Mahavir
Singh, complaint about such frivolous attempt of
rape was sent. Copy of the print out showing call
details on 17.7.2015 by Deepika’s phone
No.9807936466 and Meera’s phone No.
8505817239 is attached when Mahavir Singh had
talked to both of them in detail. My sister is also
alleged to have been present although she has
been residing in Asansol West Bengal with her
husband.
That I have to submit with regard to the
complaint under Section 504 IPC made on
18.7.2015 against my father by Shrimati Meera
that my mother in law Meera has been residing
with my wife for the last 10 days. Upon my father
being posted in out station, they used to abuse
me and my mother but she advised me not to say
anything to them while we continued to bear all
this for fear of damage to our social standing.
Once my wife and mother in law seriously
misbehaved with my mother while my father was
out of station; my mother told me when I informed
my father on phone but he advised me not to do
anything; such recording is annexed. My father is
a heart patient; in the morning of 18.7.2015 I and
my younger brother took our father to the doctor
when all of a sudden my wife accompanied by
mother in law, father in law Mahavir Singh and
another man came at 8.45 AM and continued their
threats and violent misbehaviour with my mother
and even tried to resort to physical violence; on
our return we went to Naubasta police station.
Mahavir Singh, my wife and mother in law and 5/6
other men were already there and intended to
lodge a false report; my wife had misbehaved
even in the presence of my father while my
mother in law was talking in a violent manner;
when my father and others came out of the police
station, my mother in law Meera hurled a taunt
which led to exchange of hot words between my
father and mother in law but nothing happened
relating to my wife but my father did not lodge
any report despite such insults hurled against him
and violence against my mother only to save his
honour; when we learnt that my mother in law had
lodged the NCR No.106/15 against my father only
then he lodged the report about misbehaviour and
violence committed against my mother vide NCR
No.107/15 under Sections 352/504 IPC on behalf
of my mother Shrimati Vimla against my wife
Deepika, mother in law Meera and father in law
Mahavir Singh and one other unknown person.
Sir, right from the beginning, I have been
implicated in a planned manner; when I had gone
to see my would be wife, she was a healthy girl
and her BA marks sheet was shown; after
marriage when I asked her to study for MA, my
parents in law scoffed at the idea and continued
making excuses; In the year 2010 after marriage
they produced her High School marks sheet
showing her date of birth being 21.7.1993; thus
her age at the time of marriage was merely 14
years; this angle is also being investigated in
Delhi; copy of marks sheet is annexed while a
simultaneous investigation is being conducted
into their illegal act of abortion carried out in
Delhi with the help of her parents and sister;
copies of applications filed are annexed.
My wife’s younger sister Alka was married in
the year 2013 in village Mirhachi District Etah;
after that marriage, my father in law, mother in
law had attempted to lodge a complaint about
rape and dowry harassment against her brothers
in law (Devar and Jeth), father in law and other
womenfolk of the household but when it was not
recorded, the Crime against Women Cell was
approached in Delhi and by using the clout of SI
Jaswant Singh, FIR No.699/14 PS Najafgarh was
registered under Sections 498-A/506/406 IPC
while Mahavir Singh had recovered nearly 12-13
lakh rupees from the groom’s family before the
final report followed by divorce; complaints had
been filed by me against SI Jaswant Singh with
the DCP, CAW Cell; recording of discussion
taking place with Suraj Pal Singh who had
negotiated our marriage is also annexed which
shows that neither I nor my family had taken any
vehicle or dowry; mobile phone recording relating
to the threats hurled at me by my wife and also
about threats being given by my father in law
Mahavir Singh with his relative Pappu which
relates to violence being committed against me,
my family and implicating us in false criminal
cases is also annexed.
My father is aged 59 years 7 months who is
presently posted in Anti Corruption Department
Kanpur; he has been undergoing treatment since
2007 in AIIMS Delhi and SGPGI, Lucknow; he had
undergone Angioplasty requiring four Stents in
his heart and has to take insulin injections twice
daily; My father was awarded Commendation
Certificate and granted gold medal for bravery
during his service tenure by the Hon’ble Governor
and the President’s medal for long and
meritorious service; my mother is aged 57 years
who is suffering from acute arthritis pains;
younger brother Prashant has done B.Tech. Civil
Engineering and is serving in Goa and had
returned home owing to my father’s illness; I have
only one sister who has done her M.A., B.Ed. and
is happily married and living with her husband in
Asansol Bengal where he is an Engineer with
SAIL. Mahavir Singh is trying to implicate my
family in false criminal cases and right since our
marriage, they have been filing one complaint
after the other with the malafide intent to extort
huge amount of money from us but have failed till
date and have thus been making exaggerated
allegations against me and now they are
demanding Rs.25.0 lakhs for grant of divorce;
recording thereof is separately annexed wherein
they have threatened to falsely implicate us upon
our failure to pay; I and my father had deposited
sums of Rs.10,000/- each on 6.9.2010, 2.2.2011,
4.3.2011 upon my wife reaching Delhi, copy of
such bank statement is annexed; Mahavir Singh
is a drunkard having the traits of a broker; had
been a leader in BSP and now claims himself to
be a leader in AAP party; getting a meagre salary
and intends to lodge false complaints; I have
once again filed the petition for obtaining divorce;
my wife has also filed complaint against me in
Crime against Women Cell, Nanakpura wherein I
have appeared and the matter is pending inquiry.
DESCRIPTION OF MAIN POINTS RECORDED
DURING TELEPHONIC DISCUSSIONS
1. Wife Deepika calling from phone number
9807936466 to husband Atul on phone
number 9889605692 telling him not to call
her mother or father otherwise she will
ruin the life of husband’s sister, send her
to jail, send every person to jail, sent your
mother and father to jail, will approach
court and authorities and you must not
have ever imagined what is going to befall
on you.
2. From phone No.9540511255 of Suraj Pal
Singh who negotiated the marriage to
Rajaram Singh Rana’s phone
No.9984865986 wherein Suraj Pal admits
the marriage having been performed
without any dowry; that Mahavir Singh
listens only to his wife which had led to a
similar dispute in Miraichi from where they
have recovered Rs.12.0 lakhs; that he has
similar plans here and is thus ruing the
relations.
3. From Mahavir Singh, wife’s father’s phone
No. 9818687941 to relative Pappu’s phone
No.9719111559 saying “I will drag Atul
and his mother to the road and beat them
and while using filthy abuses, he tells that
he will finish Atul’s life and that he has
plans to ruin the entire family and get their
entire estate transferred to his name.
4. Mahavir Singh, father in law’s known-to
person SI Jaswant Singh calling Veerpal
Singh and discussing the matter which
was later conveyed by Virpal Singh from
his phone No.9811887114 to Atul’s phone
No. 9889605692 where Jaswant Singh had
told him to arrange payment of Rs.25.0
lakhs from Atul to Mahavir Singh after
which he will stop all this drama; to this
Atul had replied that he does not have that
kind of money and cannot commit a
robbery for such purpose.
From all these records, it becomes clear that
the applicant is absolutely innocent and that
those people and maliciously attempting to
implicate them in false cases and an illegal
demand of Rs.25.0 lakhs is being made from his
family; the allegations levelled by my wife in
conspiracy with her parents against the applicant,
his father, mother and brother on 17.7.2015 about
dowry harassment and cruelty were investigated
by the erstwhile Incharge (Deputy S.P.) Govind
Nagar Kanpur but during such investigation, no
evidence about involvement of either of them in
such offences was found; report dated 30.7.2015
of the Station Officer Govind Nagar is annexed;
when Mahavir Singh’s complaints had failed in
Delhi he has started filing complaints here by
making more serious but false allegations;
therefore justice be given to the applicant
because the applicant and his family are
absolutely innocent.
Upon interrogation of complainant’s father in
law Shri Rajaram Singh Rana S/o Late A.R.Singh,
Inspector, Anti Corruption Department Kanpur
resident of House No.128/10140, Y Block, Kidwai
Nagar, PS Naubasta District Kanpur City, he has
stated that: My son Atul Rana’s marriage was
solemnized with Deepika D/o Mahavir Singh
resident of Najafgarh, Delhi in the year 2007
according to Hindu religious rites and customs
without any dowry; right after such marriage,
daughter in law Deepika and her mother Meera
and father Mahavir Singh had wished that my son
should settle down in Delhi which was resented
by my son because in my family, my younger son
was doing his B.Tech. in Lucknow and daughter
had been married; I was posted out of station; my
son’s in laws had caused serious harassment and
under force of circumstances, my son had filed
for divorce, etc. In the year 2014, his in-laws
caused separation of husband/wife but still
continued to press him to shift to Delhi which
attempt was opposed by my son; mother of
daughter in law came alongwith her father and
harassed my son; they used to take away
whatever he had earned; on 17.7.2015 I had left
home in my car at about 10.00 in the morning for
attending the service call of laying a trap being
SI. Anti Corruption Department unit in Kanpur; it
was a day for Eid Namaaz and it was raining; I
met my Senior Inspector Shri Satyendra Mishra
having discussions and deciding that since the
weather was bad, trap could not be laid; in a
hurry, I had left my mobile back home. After
having discussions and considering pros and
cons with Shri Satyendra Mishra, I returned home
after 12.00 noon when my wife Vimla Rani
reported with a heavy heart that after all of us
had left and finding her alone in the house,
daughter in law Deepika and her mother had
resorted to acute filthy abuses gathering the
Mohalla people and had gone to PS Naubasta
after threatening that she will implicate all of us
today in false criminal cases and when she tried
to contact me, she realized that I had left my
phone for charging at home and thus she could
not report the matter immediately; immediately
after reaching home at 12.00 I contacted the SO
Naubasta through phone No.9454403741 and
reported about such ill treatment against my wife
and about threats to implicate all of us in false
cases. I, Inspector had left home on 17.7.2015 at
about 10.00 AM and had remained with my senior
Inspector Shri Satyendra Kumar Mishra till 12.00
noon at a distance of nearly 1.5 kilometre from
my residence; that the applicant was not home at
the time of alleged occurrence; this has been
witnessed by neighbours and shop keepers and
those people had told me that during my absence,
your daughter in law and sister in law (Samdhin)
had seriously misbehaved with your wife and had
left after giving threats.
Shri Satyendra Kumar Mishra, Inspector, Anti
Corruption Department, Kanpur City had stated
that in compliance with the directions of the
Deputy Superintendent of Police, Anti Corruption
Department, Kanpur regarding laying of trap on
17.7.2015, SI Rajaram Singh had remained with
me from about 10.00 AM till 12.00 noon but owing
to bad weather and failure of the complainant to
arrive, I allowed Shri Rana to return while telling
him that if the complainant arrived, he will
intimate him; that he had waited till evening but
owing to intermittent rain, the complainant did not
come; that he had remained with me on 17.7.2015
from 10.00 to 12.00 hours at a place which is
nearly 1.5 kilometre from his residence and after
that period, he had gone home.
Independent witnesses namely Abhishek
Mishra @ Nutan S/o Shri Hari Prasad Mishra R/o
128/1018 Y Block, Kidwai Nagar, PS.Naubasta,
Kanpur city, Km. Moni S/o Shri Munshi Lal,
resident of 154, Rajiv Vihar, PS.Naubasta Kanpur
City, Shri Raju Singh S/o Shri S.Narain, resident
of House No.38/B, Dhari ka Purwa, PS.Naubasta,
Kanpur City, Shri Pawan Singh S/o Shri Gian
Singh R/o 146, MIG Dabauli, Kanpur City were
also interrogated who had disclosed in their
statements that on 17.7.2015, Atul Kumar Rana’s
wife and her mother had quarrelled with Atul
Rana’s mother and left for some place after
giving threats of implicating them in criminal
cases while talking on phone. When this skirmish
had taken place, Atul Rana and his father Shri
Rajaram Singh Rana were not home; when Atul’s
wife and mother in law had left the house, both of
them had returned home; that Atul Rana and his
wife have been separated by his parents in law.
ANALYSIS OF EVIDENCE – CONCLUSION
During the course of investigation, the
complainant Shrimati Deepika and the opposite
party her husband Shri Atul Kumar Rana and
father in law Shri Rajaram Singh were also
interrogated and the available documents were
examined which had thrown light on the facts that
the complainant was married with the opposite
party Atul Kumar Rana S/o Shri Rajaram Singh
Rana resident of 128/1040, Block Y, Kidwai
Nagar, PS Chaubasta, Kanpur in the year 2007;
that the complainant had smooth relations with
her husband and in-laws and that complainant
has one daughter Mishti aged about 5 years who
is living with complainant in her maternal home;
complainant pressurized her husband to start
business in Delhi which he refused; the
complainant wished that her husband should
follow her wishes and settle down in Delhi but
upon reluctance of the complainant’s husband to
accept this demand, differences arose between
complainant and her husband which started a
chain of complaints against each other and the
complainant went to her parental home; the
complainant often used to go to Delhi without
intimating or obtaining the consent of anyone on
which husband of the complainant Shri Atul
Kumar Rana had filed a petition for divorce
before the Family Court Kanpur City vide case
No.98/2013 before the Chief Family Court Kanpur
City which was got transferred to Delhi by the
complainant; on 2.7.2015, complainant’s father
Mahavir Singh had himself recorded in divorce
proceedings that his daughter Deepika and Atul
were living happily in Kanpur without any
complaints or pressure from anyone. On this the
Hon’ble Court had dismissed the case. In the
compromise, signatures of petitioner Atul Kumar
were not obtained which fact has been stated by
Atul Kumar himself; had the opposite party
harassed Shrimati Deepika, then her father
Mahavir Singh would have brought this fact to the
notice of Hon’ble Court; From the aforesaid
judgment, it is clear that the complainant’s father
Mahavir Singh had made the statement in court
that “there is no complaint” and only then the
Hon’ble Court had dismissed the case. Thereafter
both the parties had compromised their disputes
and the complainant started living with her
husband separately; that the complainant’s
mother Smt. Meera W/o Mahavir Singh R/o B-39,
Indira Park Najafgarh New Delhi came to her
daughter’s matrimonial home in Kanpur and on
17.7.2015 and quarrelled with her in-laws. On the
basis of the written complaint filed by
complainant’s mother Shrimati Meera about such
disputes between the parties, NCR No.106/15
under Section 504 IPC was registered on
18.7.2015 in PS.Naubasta against Rajaram Singh
Rana. The complainant alongwith her parents and
one unidentified person had resorted to violence
against her mother in law Shrimati Vimla Rana
and tried to beat her up and on the basis of
written complaint filed by Shrimati Vimla Rana
W/o Shri Rajaram Singh Rana resident of
128/1040, Y-Block, Kidwai Nagar PS Naubasta,
Kanpur City, an NCR No.107/15 under Sections
352/504 IPC was registered against 1.Deepika
D/o Mahavir, Meera W/o Mahavir Singh and
Mahavir Singh besides one unidentified person;
complainant’s husband Atul Kumar Rana had filed
a case before the Family Court Kanpur City
seeking divorce vide case No.140/2015 before
the Chief Family Court which had been re-filed
and is pending adjudication by the court. The
complainant had recorded during her statement
that on 17.7.2015, her in laws had resorted to
beat and abuse her, had torn her clothes and her
father in law Rajaram Singh Rana had tried to
commit rape on her. With regard to this
allegation, it is to be clarified that on 17.7.2015,
complainant’s father in law Shri Rajaram Singh
Rana who is posted as Inspector in Anti
Corruption Deptt. in Kanpur had left home for
duty before 10.00 AM from where he had formed
a team upon instructions of the Deputy
Superintendent of Police to trap one person; in
this behalf, the Deputy S.P. Anti Corruption
Department Kanpur had produced a certificate
and Shri Satyendra Kumar Mishra, Inspector Anti
Corruption Branch Kanpur Unit who was in the
said Trap Team had also disclosed in his
statement that he had gone home sometime after
12.00 noon; other Mohalla residents and
shopkeepers had also stated upon interrogation
that Atul Kumar Rana’s wife and mother in law
had quarrelled with Shrimati Vimla Devi; that Atul
Kumar Rana and his father Shri Rajaram Singh
Rana were not at home; upon returning home, his
wife had reported about the incident on which he
called the SO Naubasta on his telephone number
while reporting that his daughter in law and her
mother had seriously misbehaved with his wife
and had threatened to implicate the family
members in false criminal cases which fact is
also evident from his statement; thus no such
evidence has come to the fore which could
support the allegations of attempt to commit rape
on the complainant by Shri Rajaram Singh Rana;
that complainant’s younger sister Alka had also
been married during 2013 with Sunil Kumar S/o
Hoshiar Singh resident of village and PS.Miraichi
Distt. Etah who also had lodged an FIR
No.699/14 under Sections 498-A/
376/354/506/406/34 Indian Penal Code in Police
Station Najafgarh against her husband, parents in
law and Devar wherein factum of arriving at a
financial settlement by complainant father and
mother Shrimati Meera has come to the fore
during recording of statements. Complainant had
gone to Delhi on 26.7.2015 alongwith her parents
after collecting her belongings and had filed a
complaint with the Deputy Commissioner of
Police, Crime against Women Cell, Nanakpura,
Moti Bagh, New Delhi which is pending
investigation, wherein the opposite party Atul
Kumar Rana has been called upon to show cause;
Complainant’s husband Shri Atul Kumar Rana had
filed a divorce petition No.140 of 2015 under
Section 13 of Hindu Marriage Act before the
Additional Chief, Family Court, Kanpur which is
pending adjudication. Both parties are involved in
this family dispute which has been going on for
quite some time. From the investigation till date,
no tangible evidence has come to the fore which
could support the allegations made by the
complainant in her complaint.
Report is submitted accordingly.
Sd/- Vishal Pandeya
Station Officer, Govind Nagar
Kanpur City
Encl: As above
Dated: August 26, 2015
Certified to be true copy
Sd/- Illegible 4.9.2015
Incharge, Public Information Cell
District Kanpur City
The Senior Superintendent of Police
Kanpur City
Kindly refer to your endorsement Order
No.SSO-C-15-189/15 dated 25.7.2015 which
pertains to conducting of the investigation in the
complaint filed by the complainant Shrimati
Deepika Rana W/o Shri Atul Kumar Rana,
resident of 128/1048, Y-Block, Kidwai Nagar, PS.
Naubasta Kanpur City and to file the report.
ALLEGATIONS
The complainant above named has mainly
recorded in her complaint that on 17.7.2015,
when she was at home and her mother had also
come from Delhi because of continuing dowry
harassment and beatings by her father in law,
husband, mother in law, Devar for bringing
insufficient dowry. Prior to this also, those people
had been beating her and had turned her out of
the matrimonial home. Thereafter, they had
arrived at a compromise before the Crime against
Women Cell that these people would not resort to
any mental or physical harassment but that these
people had started treating her with more cruelty,
etc.
DESCRIPTION OF INVESTIGATION
During the course of investigation, people
concerned were interrogated and the documents
made available were perused. The complainant
had appeared before me alongwith her parents
and told that her husband is not residing with her
but is residing upstairs with his mother; that
complainant’s marriage was solemnized with
opposite party Atul Kumar Rana S/o Shri Rajaram
Singh Rana resident of 128/1040, Block Y, Kidwai
Nagar, PS.Naubasta Kanpur City in the year
2007. For some time the complainant had cordial
relations with her husband and other members of
in laws’ family and that the complainant has one
daughter named Mishti aged about 5 years who is
staying with the complainant in her parental
home; that the complainant had brought pressure
upon her husband to settle down in Delhi but
upon refusal of the complainant’s husband to
accept such demand of the complainant, serious
differences arose between parties and both of
them started making allegations and counter
allegations against each other and the
complainant returned to her parental home. The
complainant used to accompany her mother for
going to Delhi without consent of anyone on
which the complainant’s husband Shri Atul Kumar
Rana had filed the divorce petition before the
Family Court, Kanpur City on the basis of
allegations against his wife and her family
members of resorting to violence, etc. which
matter is pending adjudication. Thereafter both
parties had compromised and the complainant
returned to live separately but in the matrimonial
home. Complainant’s mother Shrimati Meera W/o
Shri Mahavir Singh had attempted to abuse and
physically attack against which a written
complaint was filed by Shrimati Vimla Rana W/o
Shri Rajaram Singh resident of 128/1040, Y
Block, Kidwai Nagar, PS.Naubasta, Kanpur City
which was registered as NCR No.107/15 under
Sections 352/504 IPC against Mahavir Singh etc.
three persons besides one person unnamed.
Complainant’s husband Atul Kumar Rana had also
filed a Divorce Petition against the complainant in
Family Court, Kanpur. On 17.7.2014, the
complainant and her mother had threatened to
implicate in false cases. Complainant’s younger
sister Alka was married with Sunil Kumar S/o
Hoshiar Singh resident of village and PS.
Miraichi, Distt. Etah during 2013 who had lodged
an FIR No.699/14 under Sections
498-A/376/354/506/34 IPC in PS. Najafgarh,
Delhi against her husband, parents in law and
Devar and during investigation, it has come to
light that this case had been settled by
complainant’s father and mother Shrimati Meera
after collecting money. The complainant had left
with her parents for Delhi on 26.7.2015 after
collecting her belongings. No evidence
corroborating the allegations of the complainant
in her complaint about dowry harassment or
beatings or abusive conduct causing physical and
mental harassment has come to the fore during
the investigations conducted in the matter.
Report is submitted accordingly for your kind
perusal.
Sd/- O.P.Singh
Station Officer Govind Nagar
Kanpur City
Encl: As above
Dated: July, 2015
Certified to be true copy
Sd/- Illegible date illegible
Incharge, Public Information Cell
District Kanpur City