BHARAT PRASAD Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) This petition has been filed by the petitioners under Section 482 of the Cr.P.C. for quashing the order dated 19.11.2011 passed by Sub Divisional Judicial Magistrate, Nalanda at Biharsharif in Complaint Case No. 496 C of 2011 by which and whereunder he having conducted an enquiry found prima facie case under Sections 323, 379, 498 A of the Indian Penal Code and of Dowry Prohibition Act against the petitioners and ordered to issue summons against them for procuring their attendance to face trial.

(2.) The brief fact, which lies to file this quashing petition, is that Opposite Party No. 2, namely, Lakshmi Devi filed complaint case bearing Complaint Case No. 496 C of 2011 against the petitioners in the court of learned Chief Judicial Magistrate, Nalanda at Biharsharif alleging therein that her marriage was solemnized with the petitioner no. 1 on 18.11.2009 according to Hindu Rites and Rituals and at the time of marriage, her father spent near about one lac sixty five thousand and also gave ornaments, fridge, television etc. and furthermore, he agreed to give a motorcycle after solemnization of the marriage. She went to her in-laws house and remained there for near about fifteen days but between the aforesaid period, petitioners being her in-laws used to pressurize her for bringing the motorcycle. She came back to her parental house and narrated the above stated fact to her parents and while she was at her natal place, petitioners came there and again pressurized her as well as her natal people for the above stated motorcycle. It is further alleged that on 25.12.2010, petitioner no. 3 came at her parental house and took her to her in-laws house but she was again subjected to cruelty by her inlaws and after that her father gave a petition to the concerned police station where petitioners executed a compromise deed but they did not change their behaviour and she also came to know that petitioner no. 1 has established illicit relation with one Pinky Kumari. At Para-8 of complaint petition, she specifically alleged that on 14.05.2011, petitioners tried to commit her murder but she, anyhow, eluded from the clutches of her in-laws and came to her parental house and after that on 26.05.2011, she filed the above stated complaint case in the court of Chief Judicial Magistrate, Nalanda, Biharsharif.

(3.) It would appear from the impugned order dated 19.11.2011 that an enquiry under Section 202 of the Cr.P.C. was conducted and in course of enquiry, witnesses were examined and having conducted the aforesaid enquiry, a prima facie case under Sections 323, 379, 498 A of the Indian Penal Code and of Dowry Prohibition Act was found and summons were ordered to be issued against the petitioners vide impugned order dated 19.11.2011 as stated above.