- (1.) Heard the learned counsel for the petitioner and the learned counsel for the State. No one appears on behalf of the opposite party No. 2 in spite of valid service of notice upon her.
(2.) In the present criminal miscellaneous petition, the petitioner has prayed for quashing the entire criminal proceedings including the order dated 12.6.2000 passed by the learned Judicial Magistrate, Ranchi in Complaint Case No. 295 of 2000, whereby and whereunder cognizance has been taken for the offence u/s 498A, 323, 406 of the Indian Penal Code (I.P.C.).
(3.) The prosecution story as it appears from the complaint petition filed on behalf of the opposite party No. 2 herein is that the complainant was married to Dr. M.G. Rayee according to Muslim rites and customs on 20.11.1988. It was alleged that after marriage there was a demand of Maruti car and for non-fulfillment of which, the accused No. 1 to 5 started abusing and torturing the complainant, but subsequently at the intervention of well wishers, the matter was settled. It is relevant to mention herein that on 24.11.1988 once again demand was made with regard to Maruti car and subsequent thereto since the said demand was not fulfilled, the complainant was tortured. It has been alleged that at the time the complainant gave birth to a male child, she was once again mentally and physically tortured. The complainant further adds that the accused No. 1 who is her husband was having illicit relationship with a Keralian nurse. Thereafter it has been stated that in the month of November, 1995 on the date of marriage anniversary of the complainant, her husband disclosed that he is going to marry the present petitioner and he was having love affair with her since long. It has also been stated in the complaint petition that the accused No. 1, i.e. the husband of the complainant, had purchased a flat for accused No. 6 who is the present petitioner and also provided her with a cellular phone.;