- (1.) WHEN there is no chance of conciliation between the parties, this application has been heard on merit and is being disposed of by this order.
(2.) THIS application under Section 482 of the Code of Criminal Procedure is directed against the order dated 2.7.2003 passed by Sub -Divisional Judicial Magistrate, Dhanbad whereby cognizance has been taken against the petitioners for the offence under Sections 498 -A, 323, 379, 427, 448, IPC, 3/4 of Dowry Prohibition Act. Petitioners have also prayed for quashing the entire criminal prosecution. Mr. Tripathy, learned counsel appearing for the petitioners submitted that the allegations of torture and cruelty so made in the complaint are absolutely false and frivolous. Learned counsel submitted that petitioner -husband has already obtained a contested decree for divorce from the Family Court, Rourkela in C.P. No. 155 of 2001. Learned counsel further submitted that the Family Court in its judgment has recorded a categorical finding that it is the respondent -wife who did not live with the petitioner.
(3.) IT is well -settled law that the Magistrate while taking cognizance shall look into the FIR or the complaint in order to find out from the allegation made therein as to whether a case is made out or not. It is equally well -settled that no material from the side of the accused shall be appreciated at the time of taking cognizance.;