NAND KISHORE PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This case was reserved for orders on 16.3.2021, but before order could be delivered, lockdown was clamped down by the District Collector w.e.f. 14.4.2021, consequently, this Court was also remain closed and during the continuance of lockdown followed by closure of this Court, the summer vacation stepped in w.e.f. 5.6.2021, therefore, order is being pronounced today on re-opening of this Court after summer vacation.

(2.) The petitioners herein, who are in-laws of respondent No.2, call in question legality, validity and correctness of the FIR and charge-sheet submitted against them by the jurisdictional police/respondent No.1 for commission of offence under Sections 498-A read with Section 34, 406, 420 and 506 of the Indian Penal Code (hereinafter called as 'IPC') and Section 4 of the Dowry Prohibition Act, 1961 (hereinafter called as 'the Act of 1961') in this petition filed under Section 482 of the CrPC.

(3.) Case of the prosecution, in brief, is that marriage of respondent No.2 was solemnized with son of petitioners No.1 and 4 Mr.Rahul Pandey on 8.2.2015 and thereafter out of their wedlock they were blessed with a girl child namely Kuhu @ Anvi Pandey on 21.10.2016 and it is the case of the prosecution that thereafter the petitioners as well as husband of respondent No.2 herein namely Mr.Rahul Pandey (he is not petitioner herein) started treating her with cruelty [which compelled respondent No.2 herein to live separately from Rahul Pandey w.e.f. 27.7.2018] by demanding Rs. 1 crore or house at Jabalpur and thereafter on 7.4.2018, written complaint was submitted by respondent No.2 to Mahila Thana, Raipur, which was ultimately said to have been registered on 12.10.2018 and in between conciliation proceeding was undertaken for resolution of dispute between the parties and thereafter wheels of investigation started running and Crime No.41/2018 for the above-stated offences was registered against the petitioners and husband of respondent No.2 Mr.Rahul Pandey as stated-above and accordingly, they have been charge-sheeted for the aforesaid offences. In the meanwhile, the present petitioners except husband Rahul Pandey have filed this petition seeking quashment of offences registered against them.