HARIDEV DAS Vs. NAYAN KUMAR DAS

JUDGEMENT

(1.) Heard Mr. Gautam Baishya, learned counsel for the accused petitioners. Though notice on the complainant/sole opposite party was served, he did not enter appearance in the matter and as such, the matter is proceeded ex-parte against the said opposite party.

(2.) Petitioners herein are husband and wife and their daughter, namely, Smti. Vaishali Das was married to the son of the sole opposite party/ complainant namely, Priyanuj Das. On 01.11.2012, the marriage between the petitioners daughter and son of the opposite party/complainant was solemnized under Special Marriage Act, 1954 (hereinafter referred to as the Act, 1994 ) and later, their marriage was socially performed on 17.01.2013 at Guwahati. While petitioners daughter was living in her matrimonial home in the house of the opposite party with her husband, she was behaved cruelly and was abused for not providing expensive articles and gifts as dowry. Since the son of the sole opposite party/complainant, husband of the daughter of the petitioners physically tortured her, the marriage between petitioner s daughter and son of the sole opposite party/ complainant was on turmoil. Said Priyanuj Das, husband of the petitioners daughter and son of the sole opposite party filed an application under Section 23 of the Special marriage Act, 1954 before the Principal Judge, Family Court, Kamrup at Guwahati being FC (Civil) Case No.768/2013 for his judicial separation with the petitioners daughter, which was subsequently withdrawn by him. Thereafter, he filed another application under Section 27 of the said 1954 Act, for a decree dissolving their marriage which was registered as FC (Civil) Case No. 131/2014 and the same is pending before the learned Principal Judge, Family Court, Kamrup at Guwahati. On receipt of notice of said FC (Civil) Case No. 131/2014, the petitioners daughter filed her written statement in the said matter.

(3.) In the meanwhile, because of such physical and mental torture, cruelty and demand for dowry made on her by her husband and in-laws, the daughter of the petitioners on 14.03.2014 lodged an FIR before the Officer-in-Charge of All Women Police Station, Panbazar, Guwahati against the opposite party herein and his other family members which was registered as All Women Police Station Case No. 40/2014 under Sections 498-A/506/34 IPC. Being furious with filing of such police case against them, the opposite party herein as complainant filed a criminal complaint being CR Case No. 751C/2014 before the learned Chief Judicial Magistrate (CJM), Kamrup (Metro) Guwahati on 11.3.2014 against the present petitioners, alleging commission of offences under Sections 506/500/34 IPC. The learned CJM, Kamrup after receipt of the said complaint pertaining to said CR Case No.751C/2014 of the opposite party/complainant transferred the same to the Court of learned Judicial Magistrate First Class (JMFC), Kamrup (M), Guwahati for its disposal. After recording the statements of the complainant/opposite party and his witnesses under Section 200/202 of CrPC, Learned JMFC, Kamrup (M), Guwahati, the Trial Magistrate on 23.07.2014 in said CR Case No. 751C/2014 took cognizance of the offences under Sections 294/506 IPC against the petitioners and issued summons to them in the said complaint case.