- (1.) In this application, the prayer of the petitioner is for quashing the entire criminal proceeding arising out of Complaint Case No. 930 of 2015 including the order dated 9.9.2015 passed by the learned Judicial Magistrate, 1st Class; Ranchi whereby and where under cognizance has been taken for the offences punishable under Section 498-A of the I.PC. and Section 3/4 of the Dowry Prohibition Act.
(2.) A complaint case was instituted by the opposite party no. 2 in which it was stated that the marriage of his daughter was solemnised with the petitioner on 27.11.2013 at Kripalpur, Balia in the State of Uttar Pradesh as per Hindu rites and customs. At the time of marriage, the demand of dowry which was made was complied with by the opposite party no. 2. It has been alleged that after the daughter of the complainant went to her matrimonial house, the accused nos. 2, 3 & 4 started taunting her for bringing less dowry. Subsequently, she was shifted to Bangalore to stay with the petitioner. It has been alleged that the petitioner also started making a demand of dowry and used to assault her brutally. Further allegation has been levelled that on 29.7.2014, the complainant's daughter was assaulted and was forced to drink Harpic after which she became unconscious and was admitted to a hospital in a critical stage. The complainant on hearing the news brought her back to Ranchi where she was admitted in hospital and her life was saved. It has also been alleged that on 18.4.2015, the father-in-law along with 5 to 7 persons had come to the house of the complainant and threatened the complainant with dire consequences and also refused to take back his daughter till their demand of dowry are met. On the basis of the aforesaid allegations, Complaint Case No. 930 of 2015 was instituted.
(3.) Upon conducting an inquiry under Section 202 of Cr.P.C. by examining the complainant on solemn affirmation as well as his witnesses, cognizance was taken on 9.9.2015 by Sri C.B. Kumar, learned Judicial Magistrate, 1st Class, Ranchi for the offences punishable under Section 498-A of the I.PC. and Sections 3/4 of the Dowry Prohibition Act.;