RAJESH SINGH Vs. STATE

JUDGEMENT

(1.) The petitioners by filing the instant application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure sought for quashing of the charge sheet no. 97/2007 dated 25.5.2007 under Sections 498A/323/307/109 of the Indian Penal Code read with Sections 3 & 4 of the Dowry Prohibition Act.

(2.) The backdrop of the present case may be encapsulated in a few sentence as follows :- Opposite Party No.2 namely Abhinanda Singh @ Soma Singh lodged a complaint with the Inspector-in-charge of the Suri Police Station alleging commission of offences by the petitioners punishable under Sections 498A/ 323/307/109 of the Indian Penal Code.

(3.) In the said complaint, she referred to her marriage with petitioner No. 1 on 15th July, 1998 and alleged that since such marriage, she had been subjected to torture by the petitioner No. 1 as well as by other members of his family being the other petitioners herein. She gave birth to male child who was 6 years and 4 months of age at the time of lodging of the complaint. She alleged that the petitioner No. 1 had clandestine relationship with her elder sister- in- law and whenever she used to raise her voice of protest, she used to be subjected to mental and physical torture. She was sexually abused and such torture intensified since February, 2005.