GIRISH PRASAD MISHRA Vs. LOPAMUDRA KAR

JUDGEMENT

(1.) The petitioners have challenged the order dtd. 24/12/2019 passed by learned Sessions Judge, Ganjam, Berhampur in Criminal Appeal No.39 of 2017 whereby the said appeal, preferred by them was dismissed and the order dtd. 18/8/2017 passed by learned S.D.J.M, Berhampur in M.C. No.75 of 2017 was confirmed.

(2.) Petitioner Nos.1 and 2 are the father-in-law and mother-in-law respectively of the opposite party, who married their son on 13/12/2015. It is alleged that she was subjected to domestic violence by her husband in-laws on different grounds and also in connection with demand for more dowry. The opposite party therefore, filed a complaint under Sec. 12 of the PWDV Act being Misc. Case No.75 of 2017 in the court of learned S.D.J.M., Berhampur. In the said complaint she prayed for passing of orders under Ss. 18, 20, 22 and 23 of the Act besides direction to respondents to re-deposit Rs.5,80,004.00 in her name and to pay monthly maintenance and compensation etc. After receipt of notice the present petitioners appeared and filed an application on 18/8/2017 to drop the proceeding against them as there was no material to proceed against them. It was stated that the allegations made in the complaint do not make out any case of domestic violence. Learned S.D.J.M. heard and rejected the petition on the same day holding that the application under Sec. 12 clearly makes out a case against both the respondents (parents-in-law). The petitioners carried the matter in appeal to the Court of Sessions, being Criminal Appeal No. 39 of 2017. Learned Appellate Court considered the rival submissions, the settled position of law and in particular, the averments made in paragraphs-4, 11 and 17 of the complaint petition to hold that the same, prima facie, reveal a case of domestic violence. Thus, the appeal was dismissed. Being further aggrieved, the petitioners have approached this Court in the present revision.

(3.) Heard Mr. S.P. Mishra, learned Senior Counsel with Mr. Soumya Mishra, learned counsel for the petitioners and Mr.S.K Pradhan, learned counsel appearing for the opposite party-wife.