- (1.) THE petitioners herein have preferred this petition under section 482 of the Code of Criminal Procedure for quashing the entire criminal prosecution of Complaint Case No. 1202 of 2005 corresponding to T.R. No. 1306 of 2006 including the orders dated 27.2.2006 and 9.3.2006 passed by the Chief Judicial Magistrate and Sub -Divisional Judicial Magistrate, Hazaribagh respectively. The cognizance of the offence was taken under section 498A of the Indian Penal Code as well as under section 3/4 of the Dowry Prohibition Act.
(2.) ON receipt of the notice, the opposite party no. 2 appeared and filed I.A. No. 867 of 2006 for vacating the stay order dated 4.5.2006 passed by this court whereby and where under stay was granted of further proceeding in Complaint Case No. 1202 of 2005 corresponding to T.R. No. 1306 of 2006 pending in the Court of S.D.J.M., Hazaribagh. . The brief fact of the prosecution case as stands narrated in the complaint petition is that the Opposite Party No. 21 Complainant was married to the petitioner no. 1 on 22.6.2003 and after marriage she came to the matrimonial home, Daru where she was living peacefully but after sometime accused persons including the petitioners started demanding Rs. 50,000/ - in cash, Hero Honda Motorcycle as well as a gold chain as additional dowry to which the complainant explained that her brother had already spent on the eve of her marriage a lot according to his capacity and now he was not capable to meet out such demand. She made pursuation to the accused persons in this regard but of no avail and on information her brother with her relations came to her matrimonial home and requested the accused persons to behave properly and pursuant to that she remained peacefully for sometime.
(3.) IT is alleged that on 19.8.2005 she was assaulted by the accused persons and was ejected from her matrimonial home. Again when she visited her matrimonial home on 11.12.2005 she was assaulted by her mother -in -law, elder brother of her husband as well as wife of the elder brother of her husband and she was again removed from her matrimonial house. On 16.12.2005 the husband of the opposite party no. 2 came to her residence at Hazaribagh, demanded the dowry and assaulted her extending threat that she would be killed in case of failing to fulfill his demand. It was alleged that the other accused viz. mother, elder brother and wife of his elder brother abetted him for making such demand. The matter regarding the atrocities was informed to the Women's Police Station (Mahila Thane) Hazaribagh and the accused persons came to the police station and reconciled the dispute but after sometime their atrocities increased, hence the complaint case. After enquiry under section 202 Cr.PC. and finding a prima facie case, the S.D.J.M., Hazaribagh took cognizance of the offence as aforesaid against all the four accused persons including the petitioners.;