BISHNU DAYAL SAHU Vs. LAXMI GUPTA
HIGH COURT OF GAUHATI
Bishnu Dayal Sahu
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MIR ALFAZ ALI,J. -
(1.) Mr. B. D. Das, learned Sr. Counsel for the petitioner and Mr. C. Baruah, learned counsel for the respondent were heard.
(2.) This petition under Section 482 CrPC has been filed praying for quashing the complaint and the criminal proceeding in CR Case No. 224/2016, arising out of such complaint pending in the Court of learned Judicial Magistrate, First Class, Dhemaji. Factual Background
(3.) The respondent Laxmi Gupta was wedded to Om Prakash Sahu (since deceased) on 11.05.2014. However, they could not pull on together smoothly and the marital boat moved into rough weather giving rise to various litigations between the parties. The respondent Laxmi Gupta lodged a complaint against the husband and other members of his family under Section 406/420/34 IPC, on the basis of which CR Case No. 48/2014 was registered. It was alleged in the said complaint that the parents of the complainant gave him Rs. 1,60,000/- as gift at the time of marriage. The said amount was given for purchasing furniture and a motorcycle respectively and the money was entrusted to the husband of the complainant. But, the husband of the complainant did not purchase those articles. Subsequently, the husband of the complainant in connivance with other members of the family demanded further Rs. 2,00,000/- and the complainant was subjected to torture for such demand. Eventually, the complainant was thrown out of the matrimonial home forcing her to take shelter in her parents' house. It was also stated in the complaint, that besides Rs. 1,60,000/-, the other articles narrated in the complaint were also given to the complainant and all those articles and money were retained by her husband and other members of the family and the articles were refused to be returned. Therefore, the complainant lodged the complaint aforementioned. Learned Judicial Magistrate upon receiving such complaint took cognizance and issued process.;
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