CHHALLA SRINIVAS Vs. CHALLA ARUNA

JUDGEMENT

(1.) This application under Section 482, Cr. P.C. has been filed for quashing the order of cognizance dated 30th March, 1993 passed by the learned S.D.J.M., Gunupur in I.C.C. No. 14 of 1993.

(2.) From the record it appears that the aforesaid complaint case was filed by the opposite party alleging therein that she had married accused No.1 on 23/10/1988 in accordance with Hindu rites, customs and traditions. Her further allegation is that at the time of marriage her parents had given gold ornaments and other articles as described in the complaint. One and half years after the marriage it is alleged that the husband-accused No.1 demanded dowry in terms of cash and gold and due to non-fulfilment of said dowry demand the complainant-opposite party No.1 was subjected to torture. The allegations with regard to demand of dowry and torture took place in between 1990-93. The complaint reveals that the occurrence took place on 24/1/1993. On the basis of such complaint the learned Magistrate in the impugned order took cognizance of the offence under Section 6-A of the Dowry Prohibition Act read with Section 109 of the Penal Code against two accused persons namely, Challa Susila and Pregada Krishna Veni and also took cognizance of offence under Section 6-A of the Dowry Prohibition Act against the present petitioner.

(3.) Shri Dhal, the learned counsel appearing for the petitioner submitted that on very similar allegations an F.I.R. was lodged in Visakhapatnam and after investigation final form was submitted by the Investigating Officer stating that the allegations were false. Thereafter the opposite party filed a complaint in the Court of the III Metropolitan Magistrate, Visakhapatnam on the very same allegations where not only the present petitioner but also the other accused persons were tried. The learned Metropolitan Magistrate acquitted the petitioner and other accused persons of the charge by judgment dated 9/7/1998. Shri Dhal submitted that having failed in her attempt in getting an order of conviction against the petitioner under Section 498-A of the Penal Code, on false allegations a fresh complaint has again been filed in Orissa in the Court of the learned S.D.J.M., Gunupur and, therefore, the order taking cognizance on the basis of the self-same allegations should be quashed.