AMARESHWAR SAHAY, J. - (1.) HEARD the learned Counsel for the parties. In the present application the petitioners have prayed for quashing the entire criminal proceeding being C.P. Case No. 598 of 2001 and also the order dated 16.1.2003 passed by the Sub -Divisional Judicial Magistrate, Dhanbad whereby the cognizance of the offence under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act has been taken against the petitioners.
(2.) THE petitioner No. 1, Niranjan Chatterjee, is the husband of the opposite party No. 2, Sumitra Chatterjee, petitioner Nos. 2 and 3 namely Debidas Chatterjee and Iti Chatterjee are the father -in -law and mother -in -law respectively, whereas the petitioner Nos. 4 and 5 are sisters -in -law of the opposite party No. 2. The opposite party No. 2 lodged a complaint in the Court of Chief Judicial Magistrate on 1.6.2001, stating inter alia that she was married with petitioner No. 1, Niranjan Chatterjee on 18.2.1991. In the said marriage the father of the complainant, gave Rupees one lakh in cash and articles worth Rs. 50,000/ - to the petitioner No. 3 and her family members. She lived in her matrimonial home peacefully for about two years and out of the wed -lock a daughter was born who is presently aged about 9 years and was living with her. She alleged in the complaint that trouble started only after two years of the marriage, when all the accused persons started treating her as a maid servant. There were frequent demands of dowry by the petitioners could not be fulfilled by her father. Therefore, she was assaulted by the accused persons and was confined in a room, tied with rope and was not provided even food or water. She further alleged that about three years back on being frustrated due to the behaviours of the accused persons, the complainant left her matrimonial home and came to her parents place with her daughter. Thereafter, on the intervention of Mahila Samity, an oral compromise was arrived at and the complainant was sent to her matrimonial home again. It is further alleged in the complaint that about a year back all the accused persons again started torturing her and confined her in a room where she was assaulted and they also tried to kill by pouring kerosene oil on her body but any how she could escape from there and again took shelter in the house of her parents with her daughter. The further allegation is that the accused persons kept her ornaments and other belongings of the complainant worth Rs. 50,000/ -. Inspite of the demand made by the complainant for returning of those articles, they did not return the same to the complainant and ultimately the complaint was filed in the Court.
(3.) THE learned Sub -Divisional Judicial Magistrate, examined the complainant on solemn affirmation and then started inquiry under Section 202, Cr. P.C. During which three witnesses were examined on behalf of the complainant. Thereafter, on the basis of the averments made in the complaint petition, the statements of the complainant on solemn affirmation and on perusal of the statements of the witnesses examined during the inquiry under Section 202, Cr. P.C., the learned Sub -Divisional Judicial Magistrate, Dhanbad, took cognizance of the offences under Sections 498A and Section 3/4 of the Dowry Prohibition Act against the petitioners.;