NANDANI RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Petition has been filed by the Petitioners seeking for quashment of the charge sheet dtd. 18/3/2015 filed by the Petitioners for the offence punishable under Sec. 306/34 IPC and also for quashment of the Sessions Trial No.42/2015 wherein the present Petitioners are prosecuted for the offence referred to above.

(2.) The relevant facts for adjudication of the present Petition are that the marriage of Petitioner No.1 was performed with one Mukesh Rathore on 28/4/2009. After sometime of the married life, the relations between the two got strained and it is alleged that Petitioner No.1 was being subjected to ill- treatment, cruelty and harassment and also mental and physical torture by her in-laws. When the harassment and torture being made by the in-laws of Petitioner No.1 became unbearable, she lodged a complaint before the police authorities in this regard and initially, there was a counselling held between the parties after which, the matter was settled there and Petitioner No.1 went back again and started staying at her matrimonial home.

(3.) After sometime, the dispute again arose and the allegations again were leveled by Petitioner No.1 and it is alleged that she was again ousted from the matrimonial home and then she again lodged a complaint before the PS Balco Nagar vide Crime No.288/2014 who registered an FIR against the in- laws of Petitioner No.1 for the offence punishable under Sec. 498-A/34 IPC. Immediately after the registration of the said FIR, the in-laws of Petitioner No.1 namely Balram Rathore - father-in-law, Smt Rajkumari Rathore - mother-in-law and Ku. Nisha Rathore - sister-in-law had approached the Court below for grant of anticipatory bail. However, the Court below, vide order dtd. 25/8/2014, rejected the application for grant of anticipatory bail.