SUSHIL KUMAR SHAH, S/O SH NAGINA KUMAR SHAH; SANJAY SHAH, S/O BUNILALL SHAH; MUNNI DEVI SHAH, W/O SH SANJAY SHAH; APPU SHAH, S/O SH SANJAY SHAH; SHYAMA KUMARI, W/O SUSHIL KUMAR SHAH Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioners 1 to 4, being the alleged accused, and the Petitioner No.5, being the complainant, who are stated to be family members, have come up with this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, the Code), seeking to quash the first information report (for short, FIR) bearing No.47(12)14 dated 25.12.2014 and the consequential proceedings in General Register Case No.237 of 2015 (State of Sikkim Vs. Sushil Kumar Shah and Ors.) pending on the file of the Court of Judicial Magistrate (First Class), East Sikkim at Gangtok.

(2.) The facts, in nutshell relevant for adjudication and disposal of the case, are that the Petitioner No.1 was married to the Petitioner No.5 in accordance with Hindu rites at Sahu Bhawan, Siliguri, West Bengal on 10.12.2013 and, thereafter, they began to live together at Rangpo, P.O. and P.S. Rangpo, East Sikkim. The Petitioner No.2 and the Petitioner No.3 are respectively the brother-in-law and sister of the Petitioner No.1 and the Petitioner No. 4 is the son of the Petitioners 2 and 3.

(3.) While living together, the Petitioner No.5 lodged a FIR at Jhalupara Beat House, Shillong on 30.04.2014, making a complaint against the Petitioners 1 to 4 of causing physical and mental torture to her and demanding dowry, wherein a criminal case was registered vide FIR bearing No. 36(4)14 dated 30.04.2014 under Sec. 498A/34 of the Indian Penal Code, 1860 (for short, the IPC) read with Sec. 4 of the Dowry Prohibition Act, 1961.