DEBARAJ MLLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Section 482 of the Cr.P.C. has been filed challenging the order dated 15.7.1998 passed by the learned S.D.J.M., Berhampur in G.R. Case No. 22 of 1998 taking cognizance of offences alleged to be committed under Section 498-A/34 of the Penal Code and Section 4 of the Dowry Prohibition Act.

(2.) An F.I.R. was lodged by Smt. Urmila Panda before the Officer-in-charge, Mahila P.S., Berhampur stating that she had married one Ananda Panda on 15.2.197 in accordance with Hindu rites. At the time of marriage as demanded by her husband and in-laws, her father had given a cash of Rs. 22,000/-, ornaments and other articles as dowry. Two months after marriage husband of the informant demanded a frige for chicken centre opened by the present petitioner No. 1 who happens to be a friend of her husband. Due to non-fulfilment of the said demand it is alleged that husband of the informant as well as the present petitioners assaulted her on several occasions. The informant and her family not being able to tolerate such behaviour, ultimately paid Rs. 5000/- for purchasing a frige. On the above allegations investigation was taken up and charge-sheet was submitted for the offences committed under the aforesaid provisions of law against her husband and the present petitioners.

(3.) Shri Sarangi, learned counsel appearing for the petitioners, submitted that the impugned order so far as it relates to the present petitioners cannot sustained in law. Admittedly, the petitioner No. 1 is the friend of husband of the informant and petitioner No. 2 is the wife of petitioner No. 1. Both the petitioners not being related to the husband of the informant in any way, Section 498-A of the Penal Code prescribes that whoever being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished in accordance with the provisions contained in the said Section.