Rongon Mukhopadhyay, J. - (1.) In this application, the prayer of the petitioners is for quashing the entire criminal proceedings in connection with C.P. Case No. 1636 of 2015 including the order dated 01.10.2015 passed by the learned Judicial Magistrate 1st class, Dhanbad whereby and whereunder cognizance has been taken for the offence punishable under Ss. 323, 341, 498A & 34 of the I.P.C.
(2.) The prosecution story arising out of the complaint petition instituted by the opposite party No. 2 is to the effect that the marriage of the opposite party No. 2 was solemnized with Mayank Agarwal (since deceased) on 24.11.2012 as per Hindu rites and customs at Agra. It is alleged that in spite of spending a huge amount in the marriage, the accused persons were not satisfied and the complainant was physically abused and assaulted by the accused persons. On account of the cruelty and torture meted out to the complainant, she had left her matrimonial home on 10.09.2013 and went to reside at her parents' place whereafter a few days on the assurance of petitioner Nos. 1, 2 & 3 that the complainant would not be subjected to torture for demand of dowry, the complainant went back to her matrimonial house. It is alleged that the husband of the complainant died on 21.03.2015, after which the complainant was blamed for his death and all her belongings were taken away by the accused persons. Ultimately, the complainant was ousted from her matrimonial house and she went to reside at her parents' place and the act of the accused persons constrained her to file a complaint petition which was registered as C.P. Case No. 1636 of 2015.
(3.) Upon conducting an inquiry under Sec. 202 of Cr.P.C. by examining the complainant on solemn affirmation as well as her witnesses, cognizance was taken by the learned Judicial Magistrate 1st class, Dhanbad on 01.10.2015 for the offences punishable under Ss. 323, 341, 498A/34 of the I.P.C.;