BASANTI MALLICK Vs. NARAYAN CHANDRA MALLICK

JUDGEMENT

(1.) In CRLMC No. 7227 of 2000, the petitioner, being the complainant, assails the order dated 12.10.1999 passed by the learned SDJM, Jagatsinghpur in ICC No. 22 of 1999 refusing to take cognizance against the opposite party under Section 354, IPC though the initial statement and the evidence under Section 202, Cr.P.C. made out commission of offence under the said provision.

(2.) Since both the matters arise out of one case, for just and proper adjudication, they were heard together and are disposed of by this common order.

(3.) The fact leading to filing of the complaint case on 14.2.1999 bearing ICC No. 22 of 1999 before the learned SDJM, Jagatsinghpur is that the accused-opposite party married to Susama Mallick, the elder sister of the complainant 19 years back. He again married to the middle sister of the complainant, namely, Bisaya Mallick without the consent of Susama Mallick and her parents and kept in his quarter and forcibly led a conjugal life with her. Out of the wed-lock through his first wife, three sons and one daughter were born whereas through the second wife two sons and two daughters were born. After the death of Chakradhar Mallick, the father of the complainant, his second wife, namely Sundari Bewa resided in the quarter of the accused-opp.party along with her. Through the first wife, the said Chakradhar had a son, namely, Gopabandhu Mallick, but due to the attitude of her step mother, he resides separately from the house. With a view to keep the complainant as third wife, the accused-opposite party sometimes misbehaves her and tried to keep her as his mistress, but the petitioner protested to such proposal for which on many occasion the accused assaulted her. However, nine months prior to filing of the complaint, the complainant got married to one Sarat Mallcick of Harisinghpur and has been leading a happy conjugal life with him. During her marriage, out of love and affection, her mother-in-law presented her gold chain weighing one and half tola and two nos. of golden Sankhas, 4 nos. of Bahuty and 4 nos. of finger rings, which the petitioner was wearing daily, whose total cost would be around Rs.20,000/-. After staying for two months in her husband's place, the complainant came to the house of the accused-opposite party for Puani as a custom and tradition and remained in the house during Kumar Purnima.