- (1.) The petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure for quashing of the entire criminal proceeding initiated against them in connection with complaint case vide C.P. Case No. 277 of 2003 including the order dated 24.2.2004 passed by S.K. Singh, Judicial Magistrate, 1th Class, Dhanbad whereby and whereunder the cognizance of the offence under Sections 498A, 448 and 506 of the Indian Penal Code was taken.
(2.) Pursuant to the notice issued by this court, counter affidavit has been filed on behalf of the opposite party No. 2 Neera Devi.
(3.) The brief fact of the case is that complainant Nira Devi/opposite party No. 2 was married to the petitioner No. l in 1991 and father of opposite party No. 2 had spent according to his capacity- After marriage, the complainant went to her matrimonial home and out of wedlock a son as well as a daughter were born to them. It is alleged that the husband as well as in-laws (petitioner) started perpetrating torture to her since 1997 and demanded Rs. 50,000/- to be brought from her parental home. When the amount could not be paid to them, they stopped her food and cloth and she was confined to a room. However, Rs. 20,000/- was arranged by her father and that in spite of receiving such amount, they were not satisfied and each then her miseries continued. She was finally ejected from her matrimonial home with her children in the year 1997 and since then she was living in her parental house. It was further alleged that in the year 1998 her husband petitioner No. l came to her parental house with a dagger in his hand but by the intervention of the mahallah people, he returned back. Again in the night of 10.4.2002 her husband, father-in-law with one unknown person came to her parental house, broke open the door and her husband pointed out a dagger on her neck whereas the unknown person intimidated her with a pistol and threatened but on the arrival of the mahallah people they escaped extending threat that they would not be spared. When the case was not instituted at the police station on information, her father informed the Superintendent of Police and finally a complaint case was lodged in the court.;