Rongon Mukhopadhyay, J. - (1.) HEARD learned counsel for the parties.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceedings in connection with complaint case No. 1388 of 2011, including the order dated 17.10.2012 passed by learned Chief Judicial Magistrate, Ranchi, whereby and whereunder cognizance has been taken for the offence punishable under sections 498A/34 of the Indian Penal Code. The prosecution story arising out of the complaint case filed by the O.P. No. 2 in brief is that the complainant was married to the accused No. 1 (petitioner No. 1) on 6.12.2008 as per Hindu rites and custom at Chhapra in the State of Bihar. It has been alleged that at the time of marriage, several articles including Rs. 2 lac in cash was given to her in -laws. After the marriage, the complainant arrived at her matrimonial home at Chhapra, where after some time for insufficient dowry, she was started being tortured mentally. It has been alleged that the husband of the complainant assaulted her and pressure was created upon her to bring Rs. 2 lacs as dowry and on refusal, torture was meted out to her. It has also been alleged in the complaint petition that brother of the complainant came to Chhapra and took the complainant to Ranchi on 17.04.2009, where she remained for about one year but neither the accused persons took her back nor they spoke to her. On the assurance of the accused persons, the brother of the complainant brought the complainant to Chhapra in April, 2010 but after 15 days, torture again started, wherein the brother of the complainant again brought the complainant to Ranchi on 12.05.2010 from her matrimonial home, where the complainant had been treated. It has been alleged that the complaint was lodged at Pandra O.P., wherein a bond was executed by the husband (petitioner No. 1) and he took the complainant back to Chhapra, where the husband started living separately in a rented house but even then after some time the demand of dowry started and on account of assault for non fulfillment of the demand of dowry, she was forced to leave her matrimonial house.
(3.) AFTER an inquiry was conducted under section 202 Cr.P.C. by examining the complainant on solemn affirmation as well as her witnesses, cognizance was taken for the offence punishable under section 498A/34 of the Indian Penal Code by the learned Chief Judicial Magistrate, Ranchi, vide order dated 17.10.2012.;