RAM DULARI GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners in both these quashing applications and learned Counsel for the State.

(2.) Although the complainant had appeared earlier through counsel but nobody has appeared on her behalf to contest the prayer of the Petitioners to quash the criminal case against them filed by the complainant bearing Complaint Case No. 399/ 1997 pending before the Chief Judicial Magistrate, Sasaram leading to Sasaram P.S. Case No. 303/97 dated 3.6.1997. In one of the quashing application preferred by Ram Dulari Gupta (Petitioner in Cr. Misc. No. 19840/1998) the prayer is to quash the cognizance order dated 26.5.1997 whereas in other quashing application the prayer is to quash the order dated 5.1.99 passed by a Judicial Magistrate, 1st Class, Sasaram in G.R. Case No. 1010/97/TR 1573/98 whereby the petition for discharge filed on behalf of accused persons was rejected.

(3.) From the petition of complaint and the relevant materials including the F.I.R. which is basis of complaint petition, it is clear that the dispute relates to alleged torture of one Punam Gupta sister of the complainant Sushil Kumar Gupta by her in-laws and husband Ghanshyam Gupta. According to the allegations the cruelty and abuse etc. are made with a view to obtain further dowry by way of a car and Rs. 2,00,000/- after the marriage had been solemnized. The complaint petition discloses that on pressure a Maruti Car was given as a gift but the ownership remained in the name of the brother of Punam Gupta but the papers of ownership were handed over to Punam Gupta but still the demand of Rs. 2,00,000/- (two lakhs) continue and hence the complaint petition was filed on 26.5.97.