P. VENKATARAMANA MURTHY Vs. P. KAVITA MURTHY

JUDGEMENT

(1.) This petition under Section 482, Cr.PC has been filed by the applicants for quashing the complaint registered by the Judicial Magistrate First Class, Raipur for an offence punishable under Section 406 of IPC.

(2.) Briefly stated the facts are that the applicant No. 1 and the respondent were married on 3-11-1995 according to Hindu Rites and Customs. They lived together but it is on 3-12-1997 the respondent was sent to her maternal home on the pretext that her husband is going to Nagpur and thereafter she received the notice. The respondent's case is that she had also reported the matter under Section 498A of IPC against the accused persons. It is stated that when the report was lodged, the list was submitted to the Police Station, Panchnama was prepared, some articles were given, whose list is there, and other articles were not given and have been misappropriated, which are her stridhan. It is further stated that she served a notice on 30-5-1998 and on 1-8-1998 a complaint under Sections 405 and 406, IPC read with Section 200. Cr.PC was filed by the respondent before the Judicial Magistrate First Class, Raipur. The complainant submitted the list of twelve witnesses with their addresses alongwith the list of articles, which have been misappropriated. The learned Magistrate recorded the statement of Smt. P. Kavita Murthy (A.W. 1) on 2-8-1999. The statement of P. Vasant Kumar Naidu (A.W. 2), the father of complainant, was also recorded on the said date. The statements of Mahendra Kumar (A.W. 3) and Yashwant Rao Naidu (A.W. 4) were also recorded on 28-84999.

(3.) The complainant (A.W. 1) in her statement has stated that her marriage was solemnized on 3-11-1995 at Kundan Palace, Raipur according to Hindu Rites and Customs. At the time of marriage, all her relatives were present including mother, father and maternal grand-father. The complainant has further stated that gold and silver ornaments and sarees were presented in the marriage. She has also stated that though the sarees have been returned by the accused persons but the gold and silver ornaments were not returned. She stated that after the marriage, the accused persons were ill-treating her and was being tortured mentally and physically. She further stated that the accused persons called her father and sent her to Raipur with him saying that her husband has to appear in the examination at Nagpur on 3-12-1995. She also stated that she has lodged an FIR on 16-12-1997 in the Manila Police Thana for an offence punishable under Section 498A, IPC. She further stated that she had filed the application under Section 125, Cr.PC for maintenance and a sum of Rs. 500.00per month has been awarded to her by the Court. The father of the complainant (A.W. 2) in his statement has stated that the complainant is his daughter and her marriage was solemnized with P. Venkataramana Murthy on 3-11-1995 at Raipur according to Hindu Rites and Customs. He further stated that all his relatives and the relatives of accused persons were present in the marriage. He also stated that at the time of marriage gold and silver ornaments of about Rs. 1,50,000.00 which were purchased from the shop of Mahendra Kumar Shah, were also given. He stated that an FIR was also lodged by his daughter against the accused persons for an offence punishable under Section 498A, IPC and the matter is pending before the Court. He further stated that in the said case the police has seized the articles except the ornaments from the accused persons and has given him on Supurdanama. He also stated that he was also given a Mukhtyarnama by his daughter, as she was studying.