M.Y.EQBAL,J. - (1.) HEARD the parties.
(2.) IN this case filed under Section 482 Cr.P.C. the petitioner has prayed for quashing the entire criminal proceeding of Complaint case No. 566 of 2005 including the order dated 21.5.2005 passed by Judicial Magistrate -Ist Class, Dhanbad whereby he has taken cognizance of the offence under Section 498A of Indian Penal Code against the petitioners. The complainant -opposite party No. 2 filed the aforementioned complaint case against the petitioners in the Court of Chief Judicial Magistrate, Dhanbad. The Complainant's case is that she was married with the petitioner No. 1 at Rajrappa on 9.7.1999 according to Hindu rites and customs. At the time of marriage, complainant's father paid cash of Rs. 41,000/ -, golden ornaments, silver ornaments, household articles and clothes. It is alleged that after marriage the complainant went to her matrimonial home at village Ghonga, P.S. and district Purulia and started living peaceful conjugal life. Just after two days, the entire golden and silver ornaments were taken away from the complainant by petitioner No. 5 on the ground that the area is dominated by thieves. After 15 days of the marriage, father of the complainant was called by the accused persons and they demanded Rs. 50,000/ - saying that petitioner No. 1 is likely to be employed in Forest Department at West Bengal. When father of the complainant expressed his inability to pay this amount then the complainant was mentally and physically tortured by all accused persons in a very cruel manner. The complainant remained at her sasural upto July 2001 but the during this period she used to come to her parent's house. It was further alleged by the complainant that she was not being provided necessary food and daily amenities and on hearing the cruel behaviour of the petitioners, complainant's father several times visited her matrimonial home at Purulia for settling the disputes. It is further alleged that the complainant was finally driven out from her matrimonial home on 5.12.2004 for non -fulfillment of illegal demand and she has taken permanent shelter in her parent's house at Dhanbad. Lastly, it is alleged that inspite of all efforts taken by the father of the complainant to settle the dispute with the petitioners but all went in vain.
(3.) ON the basis of the allegation made in the complaint, the learned Magistrate after recording the statements of the complainant and after going through the allegation took cognizance of the offence under Section 498A of the Act.;