RAJIB CHAKRABORTY Vs. LEENA MAZUMDAR

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, learned Senior counsel appearing for the petitioners. Also heard Mr. K.D. Chetri, learned counsel for the respondent No. 1/complainant and Mr. B.B.Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State/respondent No.2.

(2.) This petition under Section 482 Cr.P.C. is filed seeking quashing and setting aside of complaint case being C.R. Case No. 5154C/2017, filed by the respondent No. 1, pending in the Court of learned Special Judicial Magistrate, Kamrup (M), Guwahati including the order, dated 18.01.2018, whereby cognizance of the offence under Section 406/34 of the IPC has been taken against the petitioners.

(3.) The petitioners have contended that the petitioner No. 1 is the husband and the petitioner No. 2 is the mother-in-law of the respondent No. 1/complainant. On 30.1.2015, the petitioner No. 1 married the respondent No. 1 performing Hindu rites and rituals and started their conjugal life at Jorhat, Rajabari Mission Compound. It has been stated that on15.10.2017, the respondent No. 1 along with some family members came to the house of the petitioners and took away all her belongings including her 'stridhan' properties. In that regard, the petitioner No. 2 had lodged an FIR with the Officer-in-Charge of Jorhat P.S. and thereupon Jorhat P.S. Case No. 2253/2017, under Sections 448/427/506/34 of the IPC was registered. After completion of investigation, the police submitted charge-sheet against the petitioner No. 1 and two others under Sections 448/427/506/34 of the IPC. After the aforesaid incident, the respondent No. 1 has been residing at her parental home in Guwahati. On 8.2.2018, the petitioners received summons from the Court of learned Chief Judicial Magistrate, Kamrup (M), ('CJM' for short) directing them to appear on 9.3.2018, in connection with complaint case No. 5154c/2017, filed by the respondent No. 1 praying for issuance of search warrant in the address of the petitioners for recovery of 'stridhan' of the respondent No. 1. The said case is now pending in the Court of learned Special Judicial Magistrate, Kamrup(M) at Guwahati for appearance and by order, dated 15.12.2017, the learned Court issued search warrant to be executed by the officer-in-charge of Jorhat P.S. to search in the house of the petitioners, situated at Rajabari Mission Compound, Chinamara and to seize the articles mentioned in the complaint petition, if found and further, to handover the said articles to the respondent No. 1 on execution of a bond of Rs.4,00,000/- and submit report to that effect. Accordingly, the police seized two articles from the house of thepetitioners viz. one three door wooden almirah and one mattress respectively and handed over the same to the respondent No. 1. In this regard, the executing Police Officer of Jorhat P.S. submitted a detailed compliance report of the said order, dated 15.12.2017, enclosing therewith seizure list and Zimmanama. The petitioners have further contended that on 18.1.2018, the learned trial Court, after perusing the aforesaid police report, took cognizance of the offence under Section 406/34 of the IPC against the petitioners and accordingly, issued summons to them.