RAMESH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have challenged the FIR, charge-sheet and order framing charge in Criminal Case No.13332/2022 pending before the Judicial Magistrate First Class, Durg (C.G.) for commission of offence punishable under Sec. 498-A read with Sec. 34 of the IPC.

(2.) The facts of the present case are that the marriage between Shailendra Sahu and respondent No.2 was solemnized on 7/12/2020 at Shubhra Marriage Palace, Durg (C.G.) as per hindu rites and rituals and there is one issue from their wedlock.

(3.) The petitioners are father-in-law and mother-in-law of respondent No.2/complainant. Earlier an FIR was registered against Shailendra Sahu/ husband for commission of offence punishable under Ss. 363, 366, 376 and Sec. 4 of POCSO Act and later on, he was acquitted of all the charges vide judgment dtd. 4/8/2021 passed in Special Criminal Case No.118 of 2019. The respondent No.2 lodged a report to the effect that the petitioners along with her husband subjected her to cruelty and also demanded dowry. In FIR it is stated that the petitioners abused her and passed on taunts stating that their son was sent to jail and respondent No.2 belongs to a lower caste. It is further stated in the FIR that husband compelled her for unnatural sex, he demanded two wheeler vehicle and he usually checks her mobile phone. On such complaint, the Police registered Crime No.50 of 2022 against the petitioners and Shailendra Sahu for commission of offence punishable under Sec. 498-A read with Sec. 34 of the IPC.