RADHIKA RAMAN PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE prayer of the petitioners in this application is for quashing the entire criminal proceedings arising out of Sadar P.S. Case No. 381/1999 (G.R. No. 1711/1999) mainly on the ground that the CID who took up the investigation of the case submitted final report under Section 173,Cr PC finding the case to be maliciously false and, therefore, continuance of the prosecution in which the cognizance has been taken by the learned Magistrate under Sections 376, 386 and 120 -B, IPC against the accused persons is an abuse of the process of the Court.

(3.) THE allegations in the FIR in short are that the petitioner No. 2 was married to her elder sister on 17th June, 1981. After her marriage her sister developed illicit relation with her Devar and once she was caught red handed by her husband, thereafter, informants brother -in -law used to say to his in -laws that he would leave his wife and, therefore, in order to maintain the happy family life of their elder daughter, the parents of informant in connivance with her elder sister created a situation for the petitioner No. 2 for committing rape upon their younger daughter (informant) and in the year 1985, the petitioner No. 2 committed rape upon the informant. After a few years the informant got married. It has further been alleged that on the basis of some photographs and letters, the accused persons used to black -mail her. Ultimately, in November, 1995 she narrated every thing to her husband and reported the entire matter by a confidential letter to the President, National Women Commission and to the President, National Human Right Commission.