ARUN KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure on behalf of accused persons for quashing the order dated 5 September, 2006 passed by Shri. S.K. Mishra, Judicial Magistrate, 1st Class, Saharsa, finding a prima facie case under Section 498A of the Indian Penal Code and ordering issuance of summons and also the order dated 15 December, 2006 passed by the Sessions Judge, Saharsa in Criminal Revision No. 274 of 2006 rejecting the revision and also the entire criminal prosecution and the complaint petition bearing Complaint Case No. 591 C of 2005.

(2.) ANJU Devi filed a petition of complaint against her husband Arun Kumar Gupta and 7 others who are petitioners here, alleging therein that she married Arun Kumar Gupta at Sidheshwar Asthan and in support of the marriage, Arun Kumar Gupta sworn affidavit before the Notary Public. Thereafter, she started living with him in the capacity of wife. She became pregnant but her husband fraudulently got her three months' pregnancy terminated and as a result she could not produce any child in future. It is alleged that the accused persons started to abuse her, commit torture and beat her. As a result, she was compelled to leave the house and she left the house. The learned Magistrate entered into inquiry. He on the basis of the statement of the complainant on solemn affirmation and the statement of the three witnesses examined during the course of inquiry found a prima facie case under Section 498A of the Indian Penal Code against the accused persons and ordered to file requisites for service of summons upon the accused persons. Against that order, the accused persons filed revision giving rise to Cr. Revision No. 274 of 2006 and the learned Sessions Judge under the impugned order dated 15 December, 2006 rejected the revision. Thereafter the present miscellaneous case has been filed for quashing the aforesaid orders.

(3.) THE learned lawyer for the complainant submits that just after the marriage the petitioner Arun Kumar Gupta sworn an affidavit (Annexure -A) before the Notary Public in which he admitted the marriage and this affidavit has been filed with the petition of complaint itself. He submits that the complainant also filed the affidavit regarding the marriage (Annexure -A/1). As such he submits that there is document showing the marriage of the complainant with the petitioner Arun Kumar Gupta. He submits that so far as Ext.3 filed on behalf of the petitioners is concerned, this document cannot be looked into as it is a document not placed on the record during the course of inquiry. He submits that this document will be looked into during the course of trial. He submits that the complainant is legally wedded wife of Arun Kumar Gupta. He submits that as per the allegation the complainant became pregnant and her pregnancy was terminated fraudulently and as a result she could not produce any child in future and this is covered within the meaning of "cruelty" under the provisions of Section 498A, Explanation (a) and hence the provision of Section 498A is attracted. He submits that the contention of the learned lawyer for the petitioners is, therefore, not sustainable in law. He, therefore, asserted that the miscellaneous case has got no merit and it is fit to be dismissed.