- (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 18.12.2010/20.12.2010 passed by learned Judicial Magistrate, Ranchi in Complaint Case No.- 212 of 2010 whereby and whereunder the court below finding the prima face case under Section 498-A of the Indian Penal Code took cognizance of offence and directed to issue summons to the petitioners to face trial.
(2.) The details of the facts is not required to be reproduced herein rather a brief statement of fact would be sufficient to adjudicate the issue involved in this case: At the instance of the complainant Smt. Neelam Kanak, the aforesaid complaint case was filed with the allegation that her marriage was solemnized with Vishwa Ranjan Kumar on 27.04.2008 and in the said marriage, gold ornaments and other articles were given to the family of her husband besides the marriage expenses, but when on the date of marriage, the petitioners and her husband had expressed their dissatisfaction with regard to the cash and other articles given to them towards gifts and marriage expenses and demanded another sum of Rs. Three Lakhs, her father anyhow arranged a sum of Rs.1,00,000/- and paid to them and assured to pay the rest amount later on. Thereafter, she came to her matrimonial house at Patna but during her stay, the accused persons used to pass comments. On 01.05.2008, she along with her husband came to her father's house at Ranchi and explained everything to her parents. Even after persuasion to her husband, she was subjected to cruelty due to non-fulfillment of the balance amount. She came back to her in-laws house where she lived for 3-4 days and thereafter went to Bangalore with her husband. Before leaving for Bangalore, on repeated demands by in-laws, she handed over all her ornaments and other valuables to them but at Bangalore also, she was harassed and subjected to cruelty in various manner and the petitioners were interfering in her day-to-day life. Even she was kicked out and kept outside of the residence during night and in the last week of September, 2008, she was taken back to Ranchi by Ravi Ranjan Kumar who informed her parents that she would not be allowed to live in her matrimonial house so long the rest amount is not paid. She always tried to resolve the dispute but the petitioners and her husband did not pay any heed to her request. On 22.12.2008, her parents paid Rs.50,000/- to her husband at Ranchi only thereafter he became ready to take her back. On 25.12.2008, she went back to her matrimonial house and stayed for about a week and, thereafter, went to Bangalore but there she was mercilessly beaten by her husband. Again her father deposited Rs.20,000/- in her account on 13.01.2009 but her husband refused to accept the amount in piecemeal and on 16.04.2009, she was again assaulted by her husband causing injury in her ear and even her husband tried to kill her by putting LPG Cylinder in open position in her bedroom but she anyhow sensed the foul smell and could save her. On 27.04.2009, she came back to Ranchi, thereafter, filed the present case.
(3.) After the statement of complainant on solemn affirmation, other witnesses were examined under Section 202 of the Code, whereafter the court below finding prima facie case and sufficiency of materials took cognizance of the offence and directed to issue summons to the petitioners and other accused persons to face trial. Hence this petition.;