Rongon Mukhopadhyay, J. - (1.) HEARD learned counsel for the petitioners and learned counsel for the State. No one appears on behalf of O.P. No. 2.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 379 of 2001 including the order dated 5.7.2001, passed by Shri P.N. Upadhyay, learned Judicial Magistrate, 1st class at Dhanbad, whereby and whereunder cognizance has been taken against the petitioners for the offence punishable under sections 498 A and 323 of the Indian Penal Code. It appears that earlier a complaint case was instituted being C.P. Case No. 441 of 1997 by the opposite party No. 2, in which cognizance was taken for the offence punishable under section 498 A of the Indian Penal Code, which was under challenge before this Court in Cr.Misc. No. 7117 of 1997 R. During the pendency of the proceeding, since the matter was compromised between both the sides an order was passed on 9.3.1998, in which the compromise petition was accepted and in terms of the said compromise petition, the entire criminal proceeding in C.P. Case No. 441 of 1997 including the order taking cognizance was quashed. Subsequent to the quashment of the earlier case instituted by the informant, the present case has been lodged with an allegation that after the compromise was entered into between both the sides, the torture and assault had once again started on the opposite party No. 2 for non fulfillment of dowry demand of Rs. 50,000/ -, which the accused persons had spent on fighting litigation.
(3.) AFTER an inquiry was conducted under section 202 Cr.P.C., the learned Judicial Magistrate, 1st class, Dhanbad was pleased to take cognizance for the offence punishable under sections 498A and 323 of the Indian Penal Code vide order dated 5.7.2001.;