Amaresh Kumar Singh, J. - (1.) Heard the learned counsel for the petitioners and the learned Public Prosecutor. Also heard the learned counsel for the complainant. Permission granted to him shall not be treated as a precedent. Perused the case diary of the FIR No. 24/99 registered at Police Station, Badi Khatu under sections 498-A & 406 of the IPC.
(2.) Petitioner No. 1-Sayed Makbool Ahmed is the father of Jakir Hussain and the petitioner No. 2-Smt. Salama Begum is the mother of Jakir Hussain. Jakir Hussain, admittedly was married to the complainant Smt. Naseema Bano in the month of April, 1994 according to the Muslim Rites. It appears that on the basis of a complaint filed by Smt. Naseema Bano, the daughter-in-law of the present petitioners, the police has registered a case under sections 498-A & 406 of the IPC in compliance of the directions given by the learned Judicial Magistrate, Badi Khatu under sub-sec. (3) of Section 156 of the Criminal Procedure Code. It is not a case where the Station House Officer of the Police Station has exercised his discretion in the matter of registration of the case. He has merely complied with the directions given to him under sub-sec. (3) of Section 156 of the Criminal Procedure Code as the same was binding on him.
(3.) According to the averments made in the complaint filed by Smt. Naseema Bano, the marriage took place on 7.4.1994 at Badi Khatu. A daughter was born to Smt. Naseema Bano and that daughter is presently four years old and residing with her mother at Badi Khatu. It is alleged that at the time of marriage, some articles were given in dowry but the husband parents-in-law of the complainant Smt. Naseema Bano were not satisfied. It is also alleged that the husband of the complainant used to beat the complainant and ill-treat her but the complainant tolerated this for some time. It is also alleged that Rs. 20,000/- was demanded by the in-laws of the complainant for the purpose of sending the complainant's husband to some foreign country. Para No. 4 of the complaint filed by Smt. Naseema Bano shows that before the birth of her daughter, her parents visited her in-laws' house with a view to take the complainant to their house. The complainant's in-laws were not prepared to send the complainant to her parent's House and this resulted in some altercations. It is alleged that after altercation, the complainant was deprived of her ornaments and allowed to proceed with her father and since then the complainant is residing at her parents' house. It is also alleged that her husband is residing in Saudi Arabia and on 9.4.1999, her husband visited the complainant and demanded a sum of Rs. 20,000/- at threaded to desert her. It is also alleged that the complainant's husband caused simple beating to the complainant and thereby injured.;