- (1.) BY the Court. - This application has been filed for quashing of the order dated, 15.6.2011 passed by the learned Magistrate, Dhanbad in Complaint Case No. 1980 of 2010 whereby and whereunder cognizance of the offences punishable under Sections 498 -A and 406 of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act has been taken against the petitioners.
(2.) BEFORE adverting to the submissions advanced on behalf of the parties, case of the complainant needs to be taken notice of. It is the case of the complainant that her marriage was solemnized with the petitioner No. 1 at Dhanbad but before solemnization of marriage, the accused persons had pressurized the complainant's parent to pay a sum of Rs. 10 lac and other articles. The complainant's father on succumbing to their pressure, gave drafts of Rs. 5,25,000/ - drawn on the bank at Dhanbad to the petitioner No.2, father of petitioner No.1. That apart, jewellaries, car and also cash were given to the petitioner No. 1 at the time of marriage. After the marriage, the complainant came to Ranchi where the accused persons were having ancestral house. There the accused persons expressed their dissatisfaction over the cash and articles given to the petitioner No.1 at the time of marriage. Therefore, all the accused persons started torturing the complainant mentally and physically so that a Hat at Kolkata be purchased in the name of the accused and further a cash of Rs. 10 lac be paid. Thereafter the complainant was taken by her husband (petitioner No.1) to Kolkata where the husband almost left taking any interest on the complainant. During her stay at Kolkata, whenever other accused persons came, to Kolkata, they subjected the complainant to torture and when the complainant objected to it, she at times was assaulted by her husband (petitioner No.1).
(3.) FURTHER case is that at Kolkata, the husband (petitioner No.1) and his father (petitioner No.2) made a demand of flat at Kolkata. On being pressurized, a sum of Rs. 90,000/ - was deposited by the parents of the complainant in the bank at Dhanbad for its transfer to the account of the complainant. Subsequently, further amounts were also transferred to the account of complainant. In course of time, when pressure was mounted by the accused persons, one flat was purchased but it was purchased in the name of the complainant. After the flat was purchased at Kolkata, the complainant and her husband started living -in it. Therefore, the accused persons started putting pressure to transfer the flat in - the name of the petitioner No.1. Since it was not done, the complainant was subjected to torture as a result of which, she came back to Dhanbad where her husband (petitioner No. 1), father -in -law (petitioner No.2) and petitioner No. 5 (brother of petitioner No.1) came where panchayati took place in which assurance was given by the petitioner No. 1 that she would not be subjected to torture henceforth and only thereafter the complainant was allowed to go along with them but the accused persons again started complainant to torture, ultimately she was driven out of the house.;