H.C.MISHRA,J. - (1.) Heard learned counsel for the petitioners and learned counsel for the State, as also learned counsel for the complainant opposite party No.2.
(2.) The petitioners have prayed for quashing the order dated 12.9.2006 passed by the learned Sub-Divisional Judicial Magistrate, Bokaro, in C.P Case No.279 of 2006, whereby, the prima facie offence under Sections 498-A & 323 of the Indian Penal Code, has been found against the petitioners. The petitioners have also prayed for quashing the entire criminal proceeding against them in the said complaint case.
(3.) The facts of this case lie in a short compass. The complaint case was filed by the complainant opposite party No.2 in the Court of the Chief Judicial Magistrate, Bokaro, stating that she is the legally wedded wife of the co-accused, Shankar Jha. The petitioners are the in-laws of the complainant. In the complaint petition, it is stated that the marriage between the co-accused and the complainant had taken place at Bokaro on 21.6.1995 and thereafter, she was taken to her matrimonial home at Darbhanga, in the State of Bihar. In the complaint petition, there is allegation against the accused persons, including the husband to have subjected the complainant to cruelty and torture, including assaults for the demand of dowry and there are other allegations also in the complaint petition. According to the complaint petition, all the overt acts of cruelty, torture and assaults had taken place at the matrimonial home in the District of Darbangha. It is alleged in the complaint petition that while she was pregnant, she was assaulted on her abdomen, after which she came back to Bokaro, where she gave birth to a still born child on 19.8.1996. However, she again came back to her matrimonial home at Darbhanga, where she was subjected to same fate. It is alleged in the complaint petition that due to the cruelty and torture, she came back to her parents' place at Bokaro, and thereafter, the complaint case was filed in the Court of the learned Chief Judicial Magistrate, Bokaro, on 1.6.2006, which was registered as Complaint Case No.279 of 2006.;