BIJAN NATH Vs. BASABI NATH

JUDGEMENT

(1.) None has appeared for the parties. Perused the records. On a complaint filed by Smt. Basabi Nath alleging commission of offence under Sections 498A, 494, 496/34, I.P.C. and under Section 4 of the Dowry Prohibition Act a complaint case being C.R. No. 2618C/98 was registered. Vide the order dated 1-9-98 the learned Magistrate took cognizance of the offence and issued process against the accused person. This is an application for quashing of the said complaint.

(2.) The case of the complainant is that she was married with the petitioner accused person on 8-5-97 and thereafter lived as husband and wife for some time but the marital bliss was shattered by the constant demand for dowry by the petitioner husband and for the failure to meet the demand, the respondent wife was tortured. During the subsistence of the marriage, the accused husband pursuant to a criminal conspiracy contracted a second marriage. On examination of the complaint the trial Court took cognizance of the offence against the accused persons under Sections 498A, 494, 497 and 120(B), I.P.C. Hence the present application.

(3.) Quashing of the complaint petition has been sought mainly on the ground that the Court at Guwahati had no jurisdiction to take cognizance of the offence in view of the provisions contained in Section 174, Cr. P. C. Admittedly the marriage was solemnized in the district of Cachar and the parties lived together as husband and wife at Silchar. The alleged cruelty was committed to the wife during her stay at Silchar. It is however stated that the accused persons with the help of his family members entered into a criminal conspiracy and pursuant to that contracted a second marriage and when the complainant came to know about it she had no other alternative but to leave for her parents place and she was brought back from Silchar and as such she has taken up her permanent residence at Gauhati. Sub-clause (2) of Section 182, Cr. P. C. reads as follows :