AMARESHWAR SAHAY, J. - (1.) HEARD the learned Counsels for the parties.
(2.) IN the instant application, the petitioner has prayed for quashing the order taking cognizance dated 6.11.1999 for the offence Under Section 498A of the Indian Penal Code, and also the charge framed on 19.8.2000 against the accused -petitioner Under Section 498A of the Indian Penal Code, by the Judicial Magistrate, 1st Class, Dhanbad in G.R. Case No. 4301 of 1998. The facts in short of the case are that the opposite party No. 2 filed a complaint being C.P. Case No. 1196 of 1998, which was sent to the police Under Section 156(3) of Cr.P.C, and the police registered the same as Nirsa P.S. Case No. 261 of 1998.
(3.) THE case of the prosecution as would appear from the original complaint petition is that the informant was legally married wife of the accused, Shikandar Chouhan who was an employee of BCCL and working as Pay Loader Operator at Chapapur Colliery. Out of their wedlock two daughters and one son aged about 9 years, 6 years and 4 years respectively were born. It is said that subsequently, the attitude of the husband towards wife became unkind and aggressive and since June 1998, the accused started abusing the wife openly even without any provocation after taking excessive drink. He even sold the ornaments of his wife. It is further alleged that in the month of September, 1998, the accused -husband asked the informant -wife to bring a sum of Rs. 30,000/ - from her father. On refusal by the wife, the accused -husband threw her on the ground and assaulted her with fists and slaps. Thereafter, the torture by the accused -husband became a routine feature and even she was not allowed to take food for days together. It was alleged that the accused Nos. 2 and 3 i.e. mother -in -law and sister -in -law of the informant -wife, used to drive her out of the house to spend the night outside the house without food and water.;