TASORAJ MOHAMAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 482 of the of Criminal Procedure for quashing the Order of cognizance passed by the learned J.M.F.C., Nimapara in G.R. Case No. 734 of 2002.

(2.) PETITIONER No. 1 and opposite party No. 2 were married on 12.1.2001 and after marriage, they lived in the joint family residence of petitioner No. 1. Some time after the marriage, opposite party No. 2 lodged an F.I.R. in Nimapara Police Station alleging that the petitioner tortured her both physically and mentally, did not give her minimum food and forcibly terminated her pregnancy. She also alleged that such ill -treatment and torture was inflicted because dowry demand of the petitioners was not fulfilled by her parents. Basing on this F.I.R. investigation was conducted and charge -sheet was submitted against all the petitioners for the offences under Sections 498 -A, 313, 323/32, I.P.C. and Section 4 of the of the Dowry Prohibition Act. The petitioners have challenged the said Order of cognizance in the present application.

(3.) LEARNED Counsel for the petitioners and opposite party No. 2 submitted that in view of the fact that the dispute has been settled between the parties with the intervention' of the relatives, the cognizance already taken against the petitioners be quashed.