- (1.) This criminal appeal arises out of an order dated 11.11.2013 passed by the learned Single Judge of the High Court of Orissa at Cuttack in Criminal Misc. No. 1965 of 2009. By the impugned order, the High Court declined to quash the proceedings against the Appellants (other than Appellant No. 2) on the basis of a private complaint made by Respondent No. 2 for the offences punishable Under Ss. 498 -A/302/304 -B/201/34 of the Indian Penal Code, 1860 (for short "the Indian Penal Code") read with Sec. 4 of the Dowry Prohibition Act. The proceedings against Appellant No. 2 were for offences punishable Under Ss. 302/304 -B/201/34 of the Indian Penal Code. The brief facts of the case indicate that Appellant No. 1 was married to a young lady called Babita Agarwal on 05.03.2003. They had a child on 25.02.2004. All of them are ordinarily residents of Delhi. On or about 30.04.2009, Appellant No. 1 had gone to Orissa to be with his wife who was with her parents and to bring her back to Delhi. On their return journey on 04.05.2009, they met with a serious accident at night with an Army truck at Babina in Jhansi District. The passengers in the car were the Appellant No. 1, his wife Babita Agarwal and their child and the driver Appellant No. 2. Ghanshyam Gosai. As a result of the accident, Babita Agarwal died almost immediately, and the driver and Appellant No. 1 suffered serious injuries. The child also suffered some injuries.
(2.) On 05.05.2009, an FIR was lodged by Appellant No. 1 against the driver of the Army truck. It was alleged that the driver of the truck was driving the vehicle in a rash or negligent manner and was guilty of an offence punishable Under Sec. 304A of the Indian Penal Code.
(3.) The family of Babita Agarwal was informed about the accident and they came to Babina where the accident had taken place but it appears that for some reason the family refused to accept the body of Babita Agarwal. It appears that her family suspected foul play and they informed the police in Babina. No action was taken by the police in Babina on the complaint. Accordingly, on their return to Orissa, Respondent No. 2 filed a private complaint in Orissa against the Appellants accusing them of the offences mentioned above. In addition to Appellant No. 1 (husband of the deceased) and Appellant No. 2 (the driver) a complaint was also made against the family members of Appellant No. 1. In other words, all of them, including the driver, were accused of having committed the murder of Babita Agarwal and some of them (other than the driver) we're also accused of committing an offence punishable Under Sec. 498 -A of the Indian Penal Code read with Sec. 4 of the Dowry Prohibition Act.;