ATAL CHANDRA DAS Vs. KUNTALA GUIN

JUDGEMENT

(1.) THIS application under Section 482, Cr.P.C. has been filed for a direction to the learned S.D.J.M., Angul to drop the proceeding in I.C.C. No.11 of 2002 pending in his Court.

(2.) THE case of the complainant as it appears from the complaint is that on 10.2.2002 at about 8.00 P.M. the petitioners had been to her fathers house in an Ambassador car and after taking tiffin they demanded dowry and threatened that unless further amount is paid, they would not accept the complainant and take her back to her matrimonial house. When the demand of the accused petitioners was objected by the father of the complainant and others, they were also threatened. It is further alleged in the complaint that at the time of marriage with accused Radhakanta Das on 27.11.1997 dowry articles as per demand had been given, but after such marriage there was further demand of dowry and due to non -fulfilment of demand of dowry, the complainant was subjected to torture by the accused persons. The learned S.D.J.M., Angul before whom the complaint was filed found a prima facie case and issued summons to the present petitioners. After receipt of summons, the petitioners have approached this Court for the relief as stated above.

(3.) PERUSED the complaint annexed to the application. It is alleged in the complaint that the marriage took place on 27.11.1997 and at the time of marriage cash of Rs.50,000/ - and other articles were given as per demand. Some time after the marriage the complainant came to know that the accused -husband is in love with another girl and wanted to marry her. It is also alleged that her husband and other members of the family demanded Rs.50.000/ - more towards dowry and due to non -fulfilment of the said dowry of demand, she was tortured physically and mentally by the in -laws. Thereafter she left the matrimonial house in May 2001 and filed the complaint on 25th February, 2002.