PRADEEP KUMAR BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner No.1 being the husband and petitioner nos.2 & 3 being the father-in-law and mother-in-law respectively and petitioner no.4 being the sister-in-law of the complainant-opposite party no.2, have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, seeking to quash the order dated 14.3.2011 passed by the learned J.M.F.C., Baramba in G.R.Case No. 97 of 2010 taking cognizance of offence under Sections 498/A, 323, 294, 307, 506,406/34, IPC and Section 4 of the D.P. Act against the petitioners.

(2.) Brief facts of the case are that opposite party no.2 filed a complaint case bearing ICC No. 27 of 2010 before the learned J.M.F.C., Baramba against the petitioners alleging that she had married to the petitioner no.1 on 2.2.2006 in the temple of Adia Mahadev, Baramba as per the Hindu rites and customs and at the time of marriage, petitioner no.1 was given Rs.40,000/- along with one gold ring as per the demand. It was further alleged that after leading two years of happy conjugal life, the petitioners demanded a further sum of Rs.20,000/- from her father, but when the demand was not fulfilled, the petitioners started torturing the complainant-opposite party no.2 both physically and mentally and petitioner no.1 at the instance of petitioner nos.2 & 3 threatened to marry again even though a male child was born out of their wed-lock. Further, it was alleged that on 23.9.2009 at about 12.30 P.M. the petitioners tried to do away with the life of the complainant-opposite party no.2 by burning her on pouring kerosene on her body while other petitioners caught hold of her.

(3.) Learned J.M.F.C., Baramba forwarded the complaint lodged to IIC, Baramba Police Station under Section 156 (3), Cr.P.C., basing upon which Baramba P.S.Case No. 97 dated 30.9.2010 corresponding to G.R.Case No. 97 of 2010 was registered under Sections 498/A, 323, 294, 307, 506, 406/34, IPC and Section 4 of the D.P. Act and investigation was undertaken by the police. After completion of investigation, the Investigating Officer submitted charge-sheet on 9.3.2011 against the petitioners under Sections 498-A, 323, 294, 307, 506, 406/34, IPC and Section 4 of the D.P. Act, basing upon which cognizance was taken by the learned J.M.F.C., Baramba on 14.3.2011 for the said offences and summons were issued to the petitioners for their appearance.