CHANCHALA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to " as Cr.P.C." for brevity) for quashing the criminal proceeding arising out of G.R. Case No. 108 of 1992 (S.T. Case No. 99 of 2021 on the file of the learned Sessions Judge, Balasore) and the order of cognizance dtd. 6/2/1996 passed by the Judicial Magistrate First Class, Soro at Annexure-3.

(2.) The brief facts germane for just adjudication of the lis is stated hereunder. A written complaint was filed in Khaira Sadar P.S. against the present petitioner along with six (6) others, on 1/3/1992, alleging death on account of torture of one Sakuntala Das (since deceased), who is the sister of the informant-Mayadhar Das. On the basis of such allegation, Khaira Sadar P.S. Case No. 29 of 1992 under Ss. -498(A)/ 304-B/34 of the I.P.C, read with Sec. -4 of the Dowry Prohibition Act was instituted.

(3.) It was stated in the said F.I.R, that the sister of the informant- Sakuntala was married to one Lalatendu Panda about five (5) years back and was blessed with a daughter and a son. It was alleged that, persistent demand for dowry of Rs.10,000.00 (Rupees Ten Thousand) could not be met by the family of the deceased. And, the accused persons kept torturing Sakuntala which she narrated before her parents and her relatives. But keeping the family's honour in mind the matter was never reported to the police. It was further alleged by the informant that, on 19/3/1992 when the informant had been to the house of his sister to meet her, he could not find her in the house of the in-laws and he came to know that, his sister-Sakuntala was undergoing treatment at Agarapada Hospital. When he went to the hospital he found her dead. On enquiry, he found out that Sakuntala has died of poisoning. Suspecting that Lalatendu Panda, the husband along with his parents and their daughters had murdered his sister by administering poison he lodged the complaint and on the basis of such allegation aforesaid, the Khaira P.S. Case No. 29 of 1992 inter alia under Sec. -304-B, I.P.C was registered.