DEEPTI ALIAS ARATI RAI Vs. AKHIL RAI

JUDGEMENT

(1.) Leave granted.

(2.) The appellant made a complaint to the Officer-in-charge of Women Police Station, Bilaspur alleging demand of dowry, harassment and cruelty by Respondents 1, 2 and 3 being the husband, father-in-law and mother-in- law respectively. The police after making investigation, filed a charge-sheet against the said respondents in the court of the Judicial Magistrate, 1st Class, Bilaspur, indicating commission of an offence under Section 498-A Indian Penal Code. The learned Magistrate after supplying copies of the charge-sheet and other documents and hearing the learned Advocate for the accused framed a charge under Section 498-A. The order framing the charge was challenged by the accused by filing Criminal Revision No. 260 of 1993 in the court of Additional Sessions Judge, Bilaspur. The learned Additional Judge was of the view that there was sufficient material to frame a charge against all the accused and therefore, dismissed the revision application. Thereafter the accused approached the High court under Section 482 Criminal Procedure Code with a prayer to quash the said charge and the proceedings instituted upon the basis of the aforesaid charge-sheet. The High court referred to its earlier order dated 29/10/1993 whereby Respondent l's application for quashing the charge wasrejected. It then proceeded to consider the application of Respondents 2 and 3 for quashing the charge. In its order the High court has observed that:

(3.) It then referred to the concession made by the Deputy government Advocate that "there is no material for framing of charge against the present applicants under Section 498-A Indian Penal Code". On these grounds it allowed the application and quashed the charge framed under Section 498-A against Applicants 2 and 3. Feeling aggrieved by the judgment and order passed by the High court, the wife has approached this court.