- (1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short "the Code"), the petitioners have prayed for quashing of the entire criminal proceeding of Complaint Case No. 102 of 2004, pending in the court of learned Judicial Magistrate, Ranchi, on the ground that for the same set of facts and offence, the petitioners have already been acquitted after trial by the learned Sessions Judge, Lohardaga vide judgment of acquittal dated 29.08.2005 passed in Sessions Trial No. 120 of 2003.
(2.) The facts of the case, which is based on a complaint filed at the instance of Samida Khatoon, in short, is that her marriage was solemnized with Md. Anamul Haque -the petitioner no.1 on 26.11.1999 and it was also registered in the village Panchayat. In the marriage, her father had given sufficient cash to her husband and after marriage, she went to her Sasural with gift of Rs. 20,000/ - and ornaments of Rs.10,000/ - and lived there up to 25th November, 2003 but thereafter her husband and in -laws started torturing her for further dowry of Rs.50,000/ - and due to non -fulfillment of their demand, she was subjected to physical and mental torture. Even, she was ravished completely by her father -in -law and after committing rape, her father -in -law threatened her not to disclose this fact to anyone but when she informed her husband about the rape, all the accused persons tortured her and kicked her out of matrimonial home. She came back to her father's house and the information regarding the torture and rape was given to Kuru Police Station on 26.03.2003 but as no step was taken against the accused persons, she filed the present complaint case.
(3.) It appears from the record that after examination of the complainant on solemn affirmation and other witnesses, the court below took cognizance of the offence under Section 498 -A and 323 I.P.C. but held that no case of rape under Section 376 I.P.C. is made out. It further appears that the petitioners by filing supplementary affidavit have brought on record the judgment of acquittal passed in Sessions Trial No. 120 of 2003 arising out of Kuru P.S. Case No. 20 of 2003. The prosecution case as disclosed in the said judgment reveals that on the written report of the informant Samida Khatoon Kuru P.S. Case no. 20 of 2003 was instituted on 24.03.2003 with the allegation that her marriage with Anamul Haque Ansari son of Abdul Gaffar Ansari was solemnized on 26.11.1999 according to Muslim customs and rites and after marriage, she started residing in village Baridih, within the police station Kuru, district - Lohardaga along with her husband, but almost after lapse of one year, the accused persons namely her husband - Anamul Haque Ansari, father -in -law Abdul Gaffar Ansari and mother -in -law started torturing her and used to hurl threat to oust her from matrimonial home. It was also alleged that whenever her relatives came at her matrimonial home, they were also abused and assaulted and that her father -in -law Abdul Gaffar Ansari on several occasion tried to commit rape on her but whenever she complained regarding such act of her father -in -law to her husband, he did not pay heed and flatly refused to interfere by saying that he has no concern in any matter relating to her. It is also alleged that the accused persons had demanded Rs.50,000/ - and a motorcycle. Whereafter, Kuru P.S. Case no. 20 of 2003 was instituted against the petitioners. After investigation, the police submitted the charge -sheet against the three accused persons of that case, who are the petitioners before this court namely Anamul Haque, Abdul Gaffar Ansari and Hakiman Khatoon. Accordingly, the court took cognizance of the offence under Sections 498 -A and 376/511 of I.P.C. but after trial, the petitioners were acquitted of the charges vide judgment dated 29.08.2005 passed by Sessions Judge, Lohardaga as indicated above. ;