MEGHA HARDIKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This, is a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') for quashment of criminal proceedings pending before the Judicial Magistrate First Class, Durg, in Criminal Case No.209/2005 for the offence punishable under Section 498-A/34 of the Indian Penal Code.

(2.) Quashment is prayed on the ground that without there being any prima facie evidence, the trial Court has taken cognizance on the basis of charge sheet filed by the police and continuance of such proceedings against the petitioners would amount to abuse of process of the Court.

(3.) Brief facts necessary for disposal of the petition is that petitioner No.4 is husband of respondent No.2, petitioners No.1 to 3 arc relatives of petitioner No.4, petitioner No.4 married with respondent No.2 on 10.7.2000. According to report of the F.I.R. lodged by respondent No. 2; just after the marriage her father-in-law petitioner No.2 and sister-in- law petitioner No.1 demanded ornaments which she refused. After refusal of said demand, their behaviour became abnormal. She became pregnant, then petitioner No.4 left her to her maternal house. Unele-in-law petitioner No.3 Arun Joshi threatened her at Mumbai. Her mother-in-law committed suicide then they tried to level claim of commission of suicide by her mother-in-law, on her. On 26.12.2004, petitioner No. 2 came to Durg in his maternal house and threatened her and thereafter, respondent No. 2 has lodged the report. On the basis of report lodged by respondent No. 2, the offence was investigated by Durg police and has filed the charge sheet against the petitioners for the offence punishable under Section 498-A/34 of the Indian Penal Code.