MINA DEVI SETH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2.

(2.) This application has been filed for quashing of the order dtd. 20/12/2016 passed by learned Chief Judicial Magistrate, Gaya, in Tr. No. 3964 of 2016, arising out of Rampur P.S. Case No. 145 of 2013, by which summons have been issued against the petitioners although cognizance has already been taken against the petitioners on 19/11/2013 for the offences under Sec. 341, 323, 498-A and 379/34 of the Indian Penal Code and under Sec. 3/4 of the Dowry Prohibition Act.

(3.) The prosecution case is that the informant (opposite party no.2) was married to co-accused Samir Khanna in the year 2002 according to Hindu rites and customs. Out of their wedlock, two children were born. It is alleged that the husband of the informant was a habitual drunkard and womanizer and he used to assault the informant for demand of dowry. It is alleged that the informant has told this fact to her in-laws but all of them continued to torture her physically and mentally. It is also alleged that on 23/5/2013, the informant found her husband in compromising position with one maid servant in the house. When the informant objected, all the accused persons assaulted her and was ousted from her matrimonial house. It is further alleged that on 14/7/2013 when the informant reached the house of her husband along with her parents, they were assaulted by the accused persons