- (1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short "the Code"), the petitioners have prayed for quashing of the entire criminal proceeding including the order dated 17.04.2009 passed by Sri V.K.Tiwary, Judicial Magistrate, 1st Class, Dhanbad in C.P. case No.- 2405 of 2008 whereby and whereunder the cognizance of offence under Section 498-A of the Indian Penal Code has been taken and summons have been issued against the petitioners.
(2.) The details of the facts is not required to be reproduced herein rather a brief statement of fact would be sufficient for the adjudication of the issue involved in this case: At the instance of Sudha Kumari, a complaint was filed against the present petitioners and one more petitioner namely Madan Prasad Tiwary, who died during pendency of this criminal miscellaneous petition whereafter his name has been deleted by order dated 11.09.2015, with the allegation that the marriage of the complainant was solemnized with Mirtunjay Kumar Tiwari- the present petitioner no.2 on 18.06.2006 and in the marriage, sufficient dowry was given to the petitioners and the complainant came to her matrimonial home and stayed with the petitioners but only after lapse of one week, the petitioners started torturing the complainant for not bringing sufficient dowry. Even she was physically and mentally tortured at the hands of all the petitioners. Her Jeth Dhananjay Kumar Tiwary and Jethani Smt. Nishu Tiwary also used to assault the complainant physically and mentally and her Jeth had bad eyes on her and finally, she was ousted from her matrimonial house along with her father.
(3.) After the statement of complainant was recorded on solemn affirmation and other witnesses were also examined under Section 202 of the Code, the court below finding sufficient materials took cognizance of the offence and directed to issue summons. Hence this petition.;