JAGDISH PRASAD SHUKLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 29.11.2000 passed by the Sub Divisional Judicial Magistrate, Buxar in Brahmpur P.S. Case No. 159 of 1999 arising out of G.R. No. 1557 of 1999/T.R. No. 1154 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Sections 498A and 406 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

(2.) Short fact of the case is that opposite party No. 2 filed a complain in the court of Chief Judicial Magistrate, Buxar, which was numbered as Complaint Case No. 795(c) of 1999 on 14.12.1999/16.12.1999 against the petitioners on an allegation of commission of offences under Sections 498A, 307 and 406 of the Indian Penal code. It was alleged that opposite party No. 2 was married with petitioner No. 4 on 12.2.1996 at Brahmpur Chaurasta in the district of Buxar, Bihar as per Hindu rites. It was alleged that at the time of marriage, the father of complainant was pressurized to give Rs. 51,000/ -, Scooter, other ornaments as dowry and thereafter, it was fulfilled. It was further alleged in the complaint petition that at the time of Duragman after ten days of the marriage, again several articles were demanded. However, on the request of accused persons, instead of providing those materials, the accused persons took Rs. 40,000/ - on the pretext that those articles will be purchased at Varanasi. The complainant had alleged that her husband had got no employment and thereafter, her father-in-law and mother-in-law persuaded the complainant to pressurize her father to provide Rs. 1,50,000/ - so that the husband of the complainant may start some business. The said amount of Rs. 1,50,000/ - was paid at Brahmpur Chaurasta. Again instead of providing the said amount to the husband of the complainant for starting business, her father-in-law invested said amount for the construction of his own house. It has been alleged that when the complainant went to her in-laws house, she was physically and mentally tortured and on one occasion, the accused persons tried to set her on fire. However, after request made by the complainant, the accused persons allowed the complainant to return back to her parents house. Thereafter, on such allegation, the complaint petition was filed. After filing of the complaint petition, same was referred to the police under Section 156(3) of the Code of Criminal Procedure for its registration and investigation and, accordingly, an F.I.R. vide Brahmpur P.S. Case No. 159 of 1999 was registered on 27.12.1999 for the offence under Sections 498A and 406 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act against all the petitioners. After registering the F.I.R., police thoroughly investigated the case and thereafter, charge sheet was submitted against accused persons. While submitting charge sheet, the husband of the complainant i.e. petitioner No. 4 was shown as absconder. However, subsequently, he surrendered in the court. After examining the materials available on record, the learned Magistrate, by the impugned order, has taken cognizance of offences as indicated above.

(3.) Aggrieved with the order of cognizance, the petitioners approached this Court by filing the present petition. In the present petition, the main ground was taken by the petitioners that the husband i.e. petitioner No. 4 had already filed a case for divorce against the complainant in a court at Varanasi. On the aforesaid ground, the case was admitted for hearing on 3.12.2001 by this Court. While admitting, it was directed that during the pendency of this application, further proceeding in G.R. No. 1557 of 1999, T.R. No. 1154 of 2000 pending in the court of Sub Divisional Judicial Magistrate, Buxar shall remain stayed. The order of stay is still continuing.