RAM DULARI MAHANT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for setting aside the order dated 9.11.2000 passed in PCR Case No. 470/2000, T.R. No. 601 /2000, whereby the learned Magistrate has come to a finding that prima facie case under Sections 498A and 323, IPC is made out.

(2.) FACTS giving rise to the filing of this application are that the opposite party No. 2 (hereinafter referred to as 'complainant') filed a complaint case bearing PCR Case No. 470/2000 before the learned CJM, Godda stating therein that she was legally married wife of Dr. Nand Kishore Thakur, who is accused No. 1 in the complaint case, and the marriage was solemnized on 12.3.1972 and after marriage she went to Sasural, where she lived happily with her husband and out of wedlock a son was born on 15.8.1978. The complainant came to know that her husband has illicit relationship with petitioner -accused, who was working as a nurse and he has got illegitimate child from this accused also, as a result of which her husband commits acts of torture on her and his torture is still continuing, Due to presence of this petitioner in the house, her husband does not want to keep her in his house and this led to filing of a misc. case by her on 19.3.1990 bearing Case No, 17/1990 and in that very case husband appeared and there was a compromise in between both the parties and case Misc. Case No. 17/1990 was disposed of on 11.12.1990, in which accused No. 1 accepted the complainant as his wife, It was also decided that Dr. Nand Kishore Thakur (accused No. 1) will maintain the complainant as his wife but still Dr, Nand Kishore Thakur does not keep her in his house and on the other hand both the accused including the petitioner commit acts of torture against her, Further case of the prosecution is that in course of studies of Dr. Nand Kishore Thakur as medical student her father and even she herself helped Dr. Nand Kishore Thakur. The complainant had filed a petition before S.P. Godda on 19.7.2000 in which she apprehended that both of them have entered into a conspiracy and might kill her (complainant). The learned Court below held an inquiry under Section 202, IPC and took cognizance under Sections 498A and 323, IPC against both the accused persons.

(3.) ON the other hand, learned Counsel appearing for the opposite party No. 2 (complainant), submitted that a case under Sections 498A and 323, IPC is made out against the petitioner, as she claims herself to be the wife of Dr. Nand Kishore Thakur and further that she is not the legally wedded wife of Dr. Nand Kishore Thakur.