SHAMSE ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Prem Kumar Jha, learned counsel appearing on behalf of the petitioner, Shri Sanjay Sinha, learned counsel appearing on behalf of opposite party no.2 and Shri Ram Chandra Singh, learned Additional Public Prosecutor for the State.

(2.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 23.10.2006 passed by learned Sub Divisional Judicial Magistrate, Begusarai in Complaint Case No.749(C) of 2006. By the said order, learned Magistrate has taken cognizance of offence under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner has also prayed for quashing of entire criminal prosecution in Complaint Case No.749(C) of 2006.

(3.) Short fact of the case is that the opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Begusarai, which was numbered as Complaint Case No.749(C) of 2006 against the petitioner, who was husband of the opposite party no.2 and other family members of her husband. The complaint was filed for the offence under Sections 498A, 323, 406 and 386 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The complainant has asserted that on 26.1.2005, her marriage was solemnized with Muslim rites with the petitioner and thereafter the petitioner had gone for his livelihood to Jammu and Kashmir. It was alleged that right from very beginning, she was being tortured on the ground of non-fulfilment of demand of dowry by the accused persons including the petitioner. It has been alleged that besides articles and amount of dowry, the accused persons had also taken Rs.1,06,000/- as loan from the father of the complainant. It has been alleged that the complainant was regularly tortured and she was also assaulted by the accused persons. On one occasion, after getting information, her parents went to the house of the in-laws of the complainant and thereafter, the accused persons, by force, got signature of her parents and others on blank papers and thereafter, the complainant returned back to her parents house. After filing complaint, enquiry was conducted and the learned Magistrate, after examining witnesses at the enquiry stage, being satisfied with offence under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act was made, has taken cognizance of offence by its order dated 23I.10.2006.