DAULAT RAM BANGSHALL ALIAS DAULAT RAM BANSAL ALIAS DAULAT RAM AGARWAL AND 2 ORS Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) Heard Mr. D. Das, learned Senior Counsel appearing for the petitioners and Mr. D. Saikia, learned Senior Counsel for the respondent No. 2. Also heard Mr. B. Gogoi, learned Additional Public Prosecutor, Assam, appearing for the respondent No. 1 State.

(2.) By filing this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing and setting aside the Complaint Case, being C.R. No. 5304c of 2012, pending in the court of learned Chief Judicial Magistrate, Dhubri and all the orders more particularly the order, dated 25.07.2013, passed in the said case and further, the order, dated 18.09.2014, passed by the learned Sessions Judge, Dhubri in Sessions Case No. 143 of 2014.

(3.) The petitioners' case, in a nutshell, is that the petitioner Nos. 2 and 3 are the sons of petitioner No. 1 and the respondent No. 2's brother Nitin Kumar Agarwala married the daughter of the petitioner No. 1, namely, Seema Agarwala, on 06.05.2006. Out of their wedlock 2 (two) children were born. On 12.04.2012, said Nitin Kumar Agarwala died. On 20.12.2012, the respondent No. 2 filed a Complaint Case, being C.R. Case No. 5304c/2012, in the court of learned Chief Judicial Magistrate, Dhubri, alleging, inter-alia, that after death of his brother Nitin Kumar Agarwala, the accused/petitioners herein hatched up a conspiracy to harass him and his family members, on different pretexts. It was alleged that on 26.06.2012, the petitioner No. 1 herein along with his wife visited the house of the witness No. 1, namely, Mahabir Prasad Mukim and took away Seema Agarwala along with her children and ornaments etc. valued at Rs. 9, 10,000/- without the knowledge of the said witness No. 1, for which reason, an F.I.R. was lodged with Dhubri P.S., but no action has been so far taken by the police. It was further alleged that on 19.12.2012 at about 8:00 A.M., the accused/petitioners herein along with 3 (three) unidentified persons entered into the house of the complainant/respondent No. 2 herein, while he and the witness No. 1 were talking with the witness No. 4 and witness Nos. 2 and 3 were working in the house, the accused/petitioner No. 3 herein put a pistol on the head of the witness No. 1 and directed him to withdraw the guardianship petition filed in the court at Dhubri and also the accused /petitioner No. 1 herein took the key of the almirah from the witness No. 1 and took an amount of Rs. 30,000/- from the almirah and the remaining accused/petitioners threatened to kill the complainant/respondent No. 2 and the witnesses, if they raised any hue and cry. Accordingly, the said complaint case was filed alleging commission of the offences, punishable under Sections 120B /323 /395 /397 /307 IPC read with Section 25(1) (a) of the Arms Act.