(1.) In this case earlier notice through substituted service was issued to Opp.Party no.2, even though she preferred not to appear. However on 28.7.2010, while hearing the present petition, it was felt by this Court to again send notice to Opp.Party no.2 through advocate, who was conducting complaint case before the court of learned Judicial Magistrate, 1st Class, Katihar in Complaint Case No.833 of 1999. The report suggests that the notice was validly served on learned counsel for Opp.Party no.2, who was appearing before the court below. Again she has not preferred to appear before this Court.
(2.) Two petitioners, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 23.09.1999 passed by the learned Judicial Magistrate, 1st Class, Katihar. By the said order, the learned Magistrate has taken cognizance of offence under Section 498A of the Indian Penal Code.
(3.) Short fact of the case is that Opp.Party no.2 claiming to be the wife of son of petitioner no.1 filed a complaint in the court of learned Chief Judicial Magistrate, Katihari, which was numbered as Complaint Case No.833 of 1999. In the complaint petition, the complainant had arrayed her husband, namely, Syed Md. Rezaullah Torabi as accused no.1 and petitioner nos.1 and 2 were arrayed as accused nos.2 and 4 in the complaint petition. It was alleged that accused persons had committed offence under Section 498A of the Indian Penal Code. The date of occurrence was mentioned as 21.3.1999. In the complaint petition, it was disclosed that the complainant had solemnized marriage with son of petitioner no.1 in the year 1994 according to Muslims Marriage Act 1956. It was alleged that after the marriage for about two years, she lived peacefully with her husband and her in-laws. Subsequently, her husband took her to Delhi. She lived there peacefully. It was further stated that from time to time her husband used to bring her to native place at Darbhanga as well as Katihar, the place of complainants parents. It was alleged that accused persons thereafter started pressurizing the complainant to bring Rs.2,00,000/- as dowry and due to non-fulfilment of the same, accused persons started torturing mentally and physically and finally accused persons after forcibly taking the ornaments for an amount of Rs.60,000/- from the complainant asked her to leave the house and thereafter the complainant returned back to Katihar. It was further alleged that on one occasion i.e. on 14.5.1999, accused persons along with 10 other accused entered into the house of the complainant and assaulted her. On the aforesaid allegation, the complaint was filed on 21.5.1999. After filing of the complaint petition, the complainant was examined on S.A. and in support of the complaint case four witnesses were examined as enquiry witnesses and after being satisfied with prima facie offence under Section 498A of the Indian Penal Code, the learned Magistrate directed for summoning the accused persons.