SANU DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this petition under Section 482, Cr. P.C.the petitioners seek to quash the FIR and the criminal proceeding initiated against them.

(2.) Short facts: Smt. Puspanjali Das (hereinafter referred to as 'the victim'), daughter of the informant Prakash Chandra Das, was given in marriage to Bhanu Das, a Computer Engineer who serves in U.S.A.on 22-11-1996. After Marriage, both bride and bridegroom resided for some days in the latter's house at forest park. Dhabanewar and thereafter left for U.S.A.It is alleged, the marital about of the victim being in troubled water, she left U.S.A.and came down to her in-laws' house. After some days, her husband also came, but stayed for a few days and left for U.S.A.The victim while living in in-laws' house was physically and mentally tortured by her parents-in-law as well as husband's older brother, petitioner No. 1 on account of non-fulfilment of demand of huge sum of money as dowry. Complaining of ill-treatment to his daughter at aforesaid, the informant lodged written report in the Capital Police Station, Shubaneswar. On receipt of the said report, P.S.Case No. 595/98 (C.R.Case No. 3887 of 98) under Sections 498A and 323 road with Section 34, IPC and Section 4 of the Dowry prohibition Act was registered and investigation commenced. It transpires from the case diary that during investigation some witnesses, including the informant, victim and others were examined. Referring to their statement as also the FIR petitioners contend the allegation of demand of dowry and consequent ill-treatment are against the parents-in-law and not against them and therefore, the FIR and criminal proceeding should be quashed so far as they are concerned.

(3.) I have heard the learned counsel for parties and have gone through the statements of the witnesses available in the case diary.