- (1.) Heard the learned counsel for the parties. In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Complaint Case No. 348 of 2004 including the order dated 2.9.2004 passed by the learned Sub-Divisional Judicial Magistrate, Dhanbad, whereby and whereunder, cognizance has been taken for the offence punishable u/s. 498-A of the Indian Penal Code (IPC) as also u/s. 3/4 of the Dowry Prohibition Act (D.P. Act).
(2.) A complaint petition was instituted by the complainant/opposite party No. 2 wherein it was stated that the marriage of the complainant was solemnized with the accused No. 1 (petitioner No. 3) and at the time of marriage several gifts in the form of cash and kind were given to the accused persons. It has been alleged that after sometime the accused persons started demanding Rs. 50,000/- and one Hero Honda Motorcycle and on account of non-fulfillment of the said demand, the complainant was subjected to physical and mental torture. It has also been alleged that when the father and the brother of the complainant tried to meet her the same was refused by the accused persons, which led to lodgement of a complaint before the Lok Adalat at Gopalganj. It has also been alleged that on 19.11.2003, the accused persons had taken all her gold ornaments and had driven her out from the matrimonial home and ultimately the complainant having no alternative filed a complaint case being Complaint Case No. 348 of 2004.
(3.) After the complainant was examined on S.A. and her witnesses, the learned Sub-Divisional Judicial Magistrate, Dhanbad was pleased to take cognizance for the offence punishable u/s. 498-A IPC as also u/s. 3/4 of the D.P. Act.;