Let bygones be bygones, advises Bombay HC

An aggrieved Nashik lawyer has been advised by the Bombay high court to let go his long crusade of vengeance and get on with his life.

More than 14 years have passed since Nilesh Rathi’s fiance committed suicide under mysterious circumstances. Rathi (then 21), a practising advocate from Nashik, and his family members were booked for allegedly abetting his fiance’s suicide. They had allegedly demanded dowry as a condition to getting them married.

Rathi on his part has been accusing his fiance’s parents of torturing her. “Your pain and anguish can be understood, but more than 14 years have passed. Don’t get engaged in another round of litigation which will go on for years,” remarked Justice SC Dharmadhikari.

“It must be realised that criminal cases for such unfortunate incidents in family is not desirable... That (the incident) need not call for another round of litigation. Fourteen years passed and everyone settled in life. This is not fit case to interfere,” remarked Justice Dharmadhikari, adding: “Complainant has a right to lead peaceful life and pursue his career without stigma.”

According to the petition, Nilesh and Ujjwala Boob fell in love
sometime in 1990-91 while they were studying in the same college. Their parents were against the affair. Sometime in 1992 Nilesh had even tried to commit suicide.

The families had finally agreed for their marriage and the couple got engaged inDecember 1994. However, on July 8, 1995, Ujjwala was found unconscious near a temple in her village. She was admitted to a hospital which declaredher dead. Post-mortem reports revealed she had consumed poison.

Ujjwalas’ entire family, including her father Prakash Boob (52), mother Ratnamala (45) and brothers Mahesh (30) and Umesh (25) had lodged a complaint against Nilesh’s family alleging dowry harrassment.

Nashik police had then arrested Nilesh, his father Bankatlal (50) and mother Chanda (45) and tried them for allegedly abetting suicide.

The case took an interesting twist seven years after Ujjwala’s death. Some letters discovered by the police suggested that she was being pressurised by her parents. Handwriting experts confirmed that these letters were written by Ujjwala.

These letters also led to Nilesh and his family members being discharged by a Nashik sessions court in July, 2002. The Boob family challenged the order in the HC and the Supreme Court, but both the courts upheld the sessions court order.

However, Nilesh, not satisfied with the discharge order, wanted the Boob family to face criminal prosecution.“Besides, I do not want my family to live with the stigma of having been framed in a false case. It is difficult for me to practise in courts as people are aware of the case,” said Nilesh in his application.

Additional public prosecutor Rajshree Newton opposed the petition stating that all the courts have discharged the family.

Justice Dharmadhikari, while dismissing his petition on February 4, observed that it was an unfortunate incident, but that it was time for Nilesh to move on and that he should now settle into his marriage with another woman.