Filing a petition under Section 156(3) of Cr.P.C. requires prior compliance with Sections 154(1) and 154(3); failure to do so renders proceedings a nullity.

JUDGMENT :

SASHIKANTA MISHRA, J.

The petitioners are accused in G.R. Case No. 470 of 2022 pending in the Court of learned S.D.J.M, Hindol registered under Sections 498(A)/323/506/34 of IPC read with Section 4 of the D.P. Act.

2. In the present application filed under Section 482 of Cr.P.C, they pray for quashing the aforementioned criminal proceeding. The petitioners’ case is that the petitioner No.1 was married to opposite party no.2 on 13.12.2021 as per Hindu rights and customs. They lived together at village Kankadasoda for four days. At the time of marriage, the parents of the complainant had given some household articles along with Rs. 1,30,000/-as cash as per their demand. It is alleged that the marriage was finalized in a hasty manner during the COVID-19 Pandemic and taking advantage of the situation the family members of the bride provided false and incorrect particulars regarding her age, education, character etc. The opposite party No.2 intimated that she was not interested in the marriage and complained of discomfort in the house of the petitioners. She also threatened to lodge various cases against the petitioner No.1. On 19.04.2022, while the petitioner No.1 had gone to another place to attend the marriage of one of his relations, the opposite party No.2 called her mother who took her away with her on 23.04.2022. The petitioners obtained information on the RTI Act from the Headmaster of Baunshapokhari G.P. High School, Sundarpal and found that the date of birth of the opposite party No.2 being 02.01.2004, she had not attained the age of majority at the time of marriage. In such view of the matter, the petitioners were constrained to file an application under Section 12 of the Hindu Marriage Act, 1955 vide MAT Case No. 22 of 2022 for a decree declaring his marriage with the opposite Party No.2 as null and void. In the said case, the opposite party No.2 and her parents having appeared, the same is pending for adjudication. Subsequently, the opposite party No.2 filed a complaint case alleging that she was subjected to physical and mental torture by her husband and mother-in-law in connection with demand for dowry of Rs.1,00,000/- in cash and gold chain. She further alleged that she was assaulted by the accused persons who tried to kill her as a result of which, she sent word to her mother who came and rescued her. On such basis, the 1.C.C. case was filed purporting to be a petition under Section 156(3) of Cr.P.C. with prayer to direct the IIC of Hindol P.S. for registration and investigation. Learned S.D.J.M., Hindol forwarded the petition to the IIC of Hindol P.S. with direction to register the same and to conduct investigation. Pursuant to such direction, Hindol P.S. Case No.141 of 2022 was registered for the offences as aforesaid.

3. Heard Mr. S.S. Satpathy, learned counsel for the petitioner and Mr. Nikhil Pratap, learned Additional Standing Counsel for the State. Be it noted that despite service of notice, there was no appearance from the side of the opposite party No.2.

4. Mr. Satpathy would argue that the entire proceeding initiated on the basis of the petition under Section 156(3) of Cr.P.C. is a nullity inasmuch as the complainant-opposite party No.2 has not taken recourse to the provision under Sections 154(1) and 154(3) of Cr.P.C. before filing the same. Mr. Satpathy submits that as per the settled position of law unless the mandatory provisions under Sections 154(1) and 154 (3) of Cr.P.C. are complied with no direction can be issued by the Magistrate under Section 156(3) of Cr.P.C. to the police to register the FIR and to investigate upon the sam