SHATRUGHN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed for quashing the order dtd. 17/10/2016, passed by the Additional Chief Judicial Magistrate-VII, Buxar, in connection with Rajpur PS case no. 230 of 2015 (G.R. no. 3282 of 2015), whereby and whereunder the learned Magistrate has taken cognizance of the offence under Ss. 323, 341, 406, 504, 498(A), 377 of the Indian Penal Code and Ss. 3 and 4 of Dowry Prohibition Act against the accused persons including the petitioners herein.

(2.) The case of the prosecution in brief, according to the complainant-informant is that the marriage of the complainant i.e. the opposite party no. 2 was solemnized with the co-accused person namely Sheshnath Pandey on 21/11/2009 as per Hindu rites and rituals and sufficient gifts were given to her husband and in-laws. On the date of marriage itself, it is alleged that the father-in-law of the opposite party no. 2 had demanded a sum of Rs.2.00 lacs, however, upon intervention of the family members, marriage had taken place, whereafter the opposite party no. 2 had gone to her matrimonial home. It is the further case of the opposite party no. 2 that the accused persons including the petitioners herein used to harass her on account of non- fulfilment of the demand for dowry as also they used to beat her and ultimately on 25/7/2011, she was beaten and ousted from her matrimonial home.

(3.) The learned counsel for the petitioners has submitted that as far as the petitioners are concerned, they are the uncle-in-law and aunt-in-law of the opposite party no. 2 whereas the allegation levelled by the opposite party no. 2 is primarily directed against the husband and immediate in-laws of the opposite party no. 2, hence, the petitioners are not having any complicity in the alleged occurrence. It is also submitted that the husband of the opposite party no. 2, who is the main accused, has already died. It is next contended by the Ld. counsel for the petitioners that the Ld. court below has taken cognizance against the accused persons in a mechanical manner, without any application of mind, hence, the same is required to be set aside.