Harish Chandra Mishra, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the opposite party No. 2. The petitioner is aggrieved by the order dated 18.7.2012 passed by learned Chief Judicial Magistrate, Garhwa, in Complaint Case No. 487 of 2012, whereby cognizance for the offence under Ss. 498 -A/34 of the Indian Penal Code has been taken against the petitioner and other co -accused persons.
(2.) The complaint petition has been brought on record, which shows that the petitioner is the husband of the complainant and there is allegation against him and his family members to have subjected the complainant to cruelty and torture for demand of dowry. It is stated in the complaint petition that for subjecting the complainant to cruelty and torture, the complainant had earlier filed a Complaint Case No. 368 of 2003, in which, the accused persons compromised the case with the complainant on the condition that she will be kept in her matrimonial home with all dignity, but when the said Complaint Case No. 368 of 2003 ended in acquittal of the accused persons, the accused persons again subjected her to cruelty and torture for demand of dowry. It is also alleged in the complaint petition that according to one of the terms of the compromise, the petitioner had executed one sale deed in favour of the complainant in respect of immovable property, but the same was also said to be forged. With these allegations, the complaint petition was filed in the Court below.
(3.) It appears that from the impugned order that the statement of the complainant was recorded on solemn affirmation and the documents, i.e., the certified copy of the compromise petition in Complaint Case No. 368 of 2003, the affidavit of the petitioner in the said complaint case and other documents were also produced in the enquiry stage, on the basis of which, the Court below took cognizance for the offence under Ss. 498 -A/34 of the Indian Penal Code against all the accused persons, including the petitioner, by the impugned order dated 18.7.2012.;