PRADIP KUMAR MOHANTY.J. - (1.) Dated 26th August, 2016 By Court - Even after repeated calls, nobody appeared to represent the case of petitioners. From perusal of the ordersheet, it appears that even on earlier occasions i.e. 22.7.2016 and 12.8.2016, none appeared on behalf of the petitioners.
(2.) The petitioners have prayed for quashing of the entire criminal proceedings of Complaint Case No.761 of 2004, including the order dated 7.10.2004 taking cognizance for the offence under Section 498A IPC and Section 4 of the Dowry Prohibition Act by the learned S.D.J.M. , Hazaribagh
(3.) On perusal of the materials available on record, it appears that opposite party no.2 filed a complaint case being Complaint Petition No. 761 of 2004 in the court of Chief Judicial Magistrate, Hazaribagh alleging therein that she is legally married wife of petitioner no.1 and Nikah was performed on 20.4.1998 according to Sunni rites at Chitarpur and after marriage opposite party no.2 started living at her Sasural. Several article including T.V. had been given as gift in her marriage alongwith a motor cycle on demand by the accused persons. However, after marriage the accused persons have again demanded Rs.50,000/ - and on refusal they have started assaulting and passing comments on her that on failure to fulfill the demand, petitioner no.1 would be re - married elsewhere. She further stated that on account of her being issueless, they started torturing her. The accused persons also demanded Rs.50,000/ - out of Rs.1,00,000/ -, left by her late father at S.B.I. Chitarpur , which her mother got by succession. On refusal to pay the same, petitioner no.1 assaulted the complainant and gave threatening to get himself married to some other lady,namely, Jugnu Nisa after giving her Talaque. It is also alleged that the petitioner no.1(husband of the complainant) has developed an illicit relationship with the aforesaid Jugnu Nisa and on protest by her, she was being tortured by her mother -in -law with the intention to pressure her and her guardian to pay money as demanded. Thereafter the complainant filed two cases, which have been compromised on 4.9.2003 in the court of Hazaribagh. Thereafter, it is alleged that after sometime, the complainant was again being tortured from all corners by the lady members of the family and ultimately the complainant was forced to leave her Sasural by all accused persons.;