- (1.) BYCOURT - This application has been filed for quashing the entire criminal proceeding in connection with C.P. Case No. 1410 of 2000 under Section 498A of the I.P.C., pending in the court of Judicial Magistrate, Dhanbad.
(2.) IT appears that complainant (who is father of Halima Bano, Respondent no. 3) has filed a complaint alleging therein that petitioners were torturing Halima Bano and demanding Rs. 20,000/ -and one motorcycle as dowry. It appears that learned Magistrate conducted inquiry and examined complainant and his witnesses and then took cognizance of the offence under Section 498A of the I.P.C. It appears that Halima Bano was not examined by the learned Magistrate in course of inquiry. It is submitted that at the time of filing of complaint Halima Bano was residing at Bilaspur along with her husband and leading a happy marital life. It is further submitted that she filed a complaint petition before Judicial agistrate, 1st Class, Bilaspur, wherein she deposed that the allegations made by her father regarding torture and demand of dowry by petitioners are false. Accordingly, petitioners challenged entire criminal proceedings in connection with C.P. Case No. 1410 of 2000 pending before Judicial Magistrate, Dhanbad.
(3.) IT appears that during the pendency of this case Halima Bano, Respondent no. 3, appeared and filed a counter affidavit. In the said counter affidavit, at paragraph no. 4, she clearly stated that she is living peacefully with her husband at Village -Simartal, P.S. Koni, District -Bilaspur (Chhattisgarh) where her husband employed. She further stated that after marriage she is living in her sasural and she was never harassed and / or tortured by her husband or inmates of in -laws family.;