- (1.) The entire criminal proceeding of Complaint Case bearing No.1623 of 2012 including the order dated 12.9.2012 whereby and whereunder cognizance of the offences punishable under Section 498(A) of the Indian Penal Code and also under Section 3/ 4 of the Dowry Prohibition Act has been taken against the petitioners by the Judicial Magistrate, Dhanbad is being sought to be quashed on the ground that the court which has taken cognizance lacks territorial jurisdiction. Before adverting to the submissions advanced on behalf of the parties, the case of the complainant needs to be taken notice of.
(2.) It is the case of the complainant that the complainant having married in the year 2002 to Hitesh P. Trivedi (petitioner no.3) started living at her in-laws place at Bangalore. After few days of the marriage, accused persons started subjecting her to torture mentally as well as physically and was being subjected to assault also frequently. In spite of subjection to cruelty on account of non-fulfillment of the demand, she was living at her in-laws place with the hope that bad days would be over. The other day, when her family members came to her in-laws' place at the time of Shradh ceremony of her mother-in-law, not only her husband but father-in-law and also mother-in-law assaulted her severely.
(3.) The accused persons used to hold out threat that unless and until demand is fulfilled, they will go on subjecting her to assault. On 30.3.2012 she was not only assaulted badly but was driven out of the house. She came to her parents house. On 12.7.2012 all the accusedpersons having made preparation for causing hurt to the complainant entered into the house for putting family members to fear to hurt.;