MADHURI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition was filed under section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 2.7.1997 passed by Shri B.K.Tiwary, Judicial Magistrate, Patna. By the said order the learned Magistrate has taken cognizance for the offences under sections 342, 392, 468, 498A and 504 of the Indian Penal Code in Complaint Case No.399C of 1997.

(2.) Initially, the present petition was filed by the two petitioners. However, during the pendency of this petition petitioner no.2 died, who was husband of petitioner no.1 and, as such, a supplementary affidavit was filed whereby it was indicated that petitioner no.2 died on 8.11.2003. The case of petitioner no.2 stood abated as per order dated 19.3.2010 passed by this court in the present case. Now, the petition is only in respect of petitioner no.1.

(3.) Short fact of the case is that father of daughter-in-law of the petitioners filed a complaint petition vide Complaint Case No.399C of 1997. In the said case it was disclosed that his daughter was got married with the son of the petitioner, namely, Shashi Bhushan Mukesh on 9.3.1988. It was alleged that immediately after the marriage, the family members of in-laws of the daughter of the complainant started torturing his daughter for extracting dowry and finally daughter of the complainant died on 25.7.1994. It was disclosed in the complaint petition that due to consistent torturing and negligence, she became physically and mentally week and, as such, she died. Many other facts were also disclosed in the complaint petition to corroborate the allegation in the complaint petition. It was further alleged that in the marriage of her daughter, the petitioner (wife of the complainant) had gifted ornaments and other articles costing about Rs.4,00,000/-(rupees four lakh). Subsequently, the complainant was compelled to sign on black non-judicial stamp paper and by using the said document the accused persons prepared a forged deed of gift for landed property and thereafter grabbed the said property. It was further alleged that on 29.1.1997 the complainant was threatened by hired men of the accused persons and thereafter on 4.4.1997 at about 6.30 P.M. while the complainant was going to consult his lawyer, two sons of the petitioners along with four other accused persons surrounded and abused him and also his brief case containing valuable documents and the letters written by the daughter of the complainant and also containing Rs.5,000/- was snatched by the accused persons and they fled away. On the aforesaid allegations the complaint petition was filed.