JUDGEMENT
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(1.) Heard learned counsel for the petitioners and learned counsel for the
State.
(2.) The petitioners have challenged the order dated 31.03.2000 passed
by the learned Sub-Divisional Judicial Magistrate, Jamshedpur in Complaint
Case No. C-284 of 2000 whereby, the prima facie case was found against
the petitioners for the offence under sections 498(A)/420 of the Indian Penal
Code and Section 3 /4 of the Dowry Prohibition Act and the process was
ordered to be issued against the petitioners for their appearance in the
case. The petitioners have also prayed for quashing the entire criminal
proceeding against them in the said Complaint Case No. C-284 of 2000.
(3.) It appears from the complaint petition which was brought on record as
Annexure 1, that the opposite party No. 2 Smt. Madhuri had filed the
complaint petition against her husband and in-laws alleging offences under
Sections 498A, 493, 420, 506, 120B IPC and Section 3 / 4 of the Dowry
Prohibition Act wherein there is specific allegation against the husband and
in-laws. It also finds mentioned in the complaint petition that her husband
had filed fictitious suit for divorce with mutual consent, against the
complainant bearing Matrimonial Suit No. 07 of 1999 and got a fictitious
decree, which the complainant had challanged in the competent Court. It is
alleged in the complaint petition that even after getting the said decree of
divorce, the accused-husband of the complainant had stayed and
cohabitated with the complainant. With these allegations the complaint
petition was filed in the Court of Chief Judicial Magistrate, Jamshedpur,
which was registered as Complaint Case No. C-284 of 2000.;
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