RAKHI MISHRA Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) A complaint was preferred by the Appellant on 18.07.2013 to the SHO, Police Station Bihiya, District Bhojpur, Bihar which was registered as FIR No.140 of 2013 dated 18.07.2013 under Section 498 A, 323, 354 A (1), 354 B read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. It was stated in the said complaint that the Appellant was married to Santosh Kumar Tiwari son of Shivdhyan Tiwari on 18.0201 She complained of ill-treatment at the hands of her husband and the other members of his family. She mentioned about the demand of a car. She further stated in the complaint that her father had already given a dowry of Rs. 4 lakhs besides gifts like motor-cycle, T.V. fridge, cooler, washing machine, sofa, bed, almirah, five suit cases, one big box and gold ornaments in which necklace, chain, 6 pieces bangles, ear rings, jhumka, tops, ring and silver ornaments in which two payals, bichiyas and other things, the price of which was around Rs. 5 lakhs.

(3.) The Appellant's husband was working in the Air Force and he was threatening that she would be killed if the demand of additional dowry was not met. She also complained of attempted rape by her father-in-law. Allegations were made by the Appellant in her complaint against ill-treatment by the Respondents. On completion of investigation, a charge-sheet was filed on 11.10.2010 against Santosh Kumar Tiwari. The Investigating Officer did not find any material regarding the involvement of the Respondent Nos.2, 3, 4 and 5. By an order dated 20.01.2014, the Chief Judicial Magistrate, while taking note of the fact that the names of Santosh Kumar Tiwari and Respondent Nos. 6 to 12 were mentioned in column No.11 of the charge-sheet, issued summons to Respondent Nos.2 to 11 along with Santosh Kumar Tiwari. The Chief Judicial Magistrate found that a prima facie case was made out against the Respondents also for their involvement in offences under Sections 498 A/34, 354 A, 354 B of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Respondents filed an application under Section 482 Cr. P.C. seeking quashing of the proceedings which was allowed by an order dated 22.09.2014 by the High Court, the legality of which is assailed in this appeal.