RAJESH KUMAR MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since reliefs sought under both the petitions, filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C.") pertains to Criminal Case No. 36794/2018 [State of Chhattisgarh v. Rajesh Kumar Mishra and Others] pending in the Court of Judicial Magistrate, First Class, Durg, which arise from FIR/Crime No. 09/2018 registered at Police Station Mahila Thana, Durg (C.G.) for the offence under Ss. 498-A, 34 and 323 of the IPC and Sec. 4 of the Dowry Prohibition Act, 1961 (for brevity, "Act, 1961") are of like nature, therefore, they are being heard analogously and decided by this Common Order.

(2.) Cr.M.P. No. 1747/2018, arises out of aforesaid FIR, has been filed by the petitioners for quashment of aforesaid FIR and consequent Criminal Case No. 36794/2018 pending before the Judicial Magistrate, First Class, Durg whereas Cr.M.P. No. 422 of 2020 has been preferred by the petitioners against an order dtd. 28/12/2019 passed by Second Upper Sessions Judge, Durg in Criminal Revision No. 273/2019 upholding the order dtd. 17/9/2019 passed by Judicial Magistrate, First Class, Durg in aforesaid criminal case, whereby application under Sec. 239/227 of the Cr.P.C. for getting discharge from the offences under Ss. 498-A, 34, 323 of the Indian Penal Code (for brevity "IPC") and Sec. 4 of the Act, 1961 was dismissed.

(3.) Facts of the case, in brief, are that marriage of petitioner - Rajesh Kumar Mishra was solemnized with complainant/respondent Dr. Sapna Rani Mishra on 30/4/2015. After few day of the marriage, petitioners started harassing her physically and mentally in connection with demand of Gold and Rs.10.00 lakh from her parents. The petitioners also taunted about quality of articles bring by her from her parental home. They also doubted upon her character. When petitioner - Smt. Snehlata Mishra (Mother-in-law of complainant) ousted the respondent/complainant and her husband, then they were residing in the rented house at Nehru Nagar (West), Bhilai, District Durg, at that point of time, mother of complainant had given huge amount to her husband, from which various household articles were purchased, there also petitioner - Rajesh Kumar Mishra subjected her to cruelty by abusing and assaulting her. On 21/12/2017 when respondent/complainant was working at her work place, then also, her husband went there and abused her, snatched her purse and broken her pen drive. On being complaint by respondent/complainant, Police did not lodge FIR and gave intimation under Sec. 155 of the Cr.P.C., hence on the very next day i.e. 22/12/2017, respondent/complainant made written complaint to the Superintendent of Police, Durg and based on that complaint, present FIR bearing Crime No. 09/2018 was registered against the petitioners.