- (1.) Since both the applications preferred under Section 482 of the Cr.P.C. is with respect to quashing of the entire criminal proceedings initiated against the petitioners including the order dated 30.08.2001 passed by Shri P. P. Pandey, learned Judicial Magistrate, Deoghar in P.C.R. Case No. 414 of 2001 by which cognizance has been taken for the offences punishable under Sections 498A, 323 of the Indian Penal Code the same are being disposed of by this common order.
(2.) The prosecution story as would appear from the complaint petition instituted by the complainant-opposite party No. 2 is to the effect that the marriage of the complainant was solemnized on 10.07.1997 at Deoghar and out of the said wedlock a daughter was also born. It has been alleged that subsequently there was a demand of dowry of cash of Rs. 50,000/-, one Hero Honda motorcycle and a colour T.V. and on non-fulfillment of the demand the complainant was tortured by the accused persons. It has also been alleged that the accused no. 5, who is the, sister-in-law (Nanad) of the complainant had taken away some golden ornaments but refused to return the same. It has further been alleged that the complainant was forcibly driven out from the matrimonial house but never did the accused persons make any attempt to bring her back.
(3.) After filing of the complaint petition and on conducting an enquiry by examining the complainant on solemn affirmation as well as her witnesses cognizance was taken by Shri P.P. Pandey, learned Judicial Magistrate, Deoghar on 30.08.2000 of offences punishable under Sections 498A, 323 of the Indian Penal Code.;