RAJANI KANT PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Section 482 of the Cr. PC. the petitioner has assailed the legality of impugned order dated 20-10-2001 passed by learned J.M.F.C., Bhubaneswar in G. R. Case No. 3793 of 1993 rejecting the prayer of the accused persons, i.e. petitioner and opposite party Nos.2 to 6 to quash the order of taking cognizance and to drop the criminal proceeding.

(2.) MARRIAGE between petitioner and informant's daughter Manjula was solemnized on 4-5-1984. Petitioner is employed in UCO Bank and Manjula is a lecturer in History. Opposite party Nos.2 to 6 are petitioner's parents and other relations. G.R. Case No.3793 of 1993 was registered for commission of offence under Section 498-A of the Indian Penal Code (for short 'I. P. C.') on the basis of First Information Report submitted on 17-10-1993. It is alleged that informant had given gifts during the marriage as per demand and according to his capacity. After the marriage, petitioner and Manjula lived together merrily. However, problem started when they were blessed with a girl child in October, 1985 as Manjula's mother- in-law opposite party No.5 took exception to it. Petitioner as well as opposite party Nos.2 to 6 started torturing Manjula on some plea or other. They combined together to dissuade her from continuing with her job and for that purpose also tortured her. They also resented when she registered herself for doing Ph. D. in Utkal University. Finally, petitioner and his parents expressed dissatisfaction against Manjula for not having been given colour T.V. or cash. Petitioner expressed his inability to drop Manjula in her college in his scooter. Petitioner assaulted Manjula on several occasions in connection with the demand for further dowry and opposite party Nos.2 to 6 jointed hands with him. Ultimately, petitioner forcibly drove Manjula out of the house on 1-5-1990 with a direction not to return without scooter and colour T. V. Informant alleges to have made attempts for compromise before lodging First Information Report. Order dated 24-6-1995 taking of cognizance of offences on receipt of charge-sheet reads : "Charge-sheet is received against accused Rajanikanta Padhi, Harish Chy. Padhi, Bipin Bihari Padhi, Gopal Krishna Padhi, Urmila Padhi, Surama Padhi for the offence u/S.498(A)/406/34, IPC. Cognizance of the same is taken. Issue notice to bailor and summons to accused fixing the date 27-10-1995 for appearance."

(3.) THIS Court also in Chandrasekhar Mohanty v. Japani Sahoo 2007 Cri LJ (NOC) 149 (Ori) (supra) held :-