MD. ASGAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Srinandan Prasad Singh, learned senior counsel along with Ms. Prakritita Sharma, learned counsel appearing on behalf of the petitioners and Dr. Ajeet Kumar, learned APP for the State.

(2.) The present quashing application has been filed under Sec. 482 of the Code of Criminal Procedure against the order dtd. 13/8/2010 by which learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur has taken cognizance against the petitioners under Sec. 498A of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act in Complaint Case No. C1-613/2010 TR No. 1250/14.

(3.) In the complaint, the complainant Sabnam Khatoon has alleged that she was married to petitioner no.9 Md. Asamul and after two months of her marriage, her in-laws started demanding a colour TV, motorcycle and cash and due to non-fulfillment of demand of dowry, she was subjected to various sorts of torture by her in-laws including her husband who are petitioners herein and ultimately she was kicked out of her matrimonial house. Well wishers of both the parties tried to get the dispute settled, but in vain. The Complainant thereafter filed Maintenance Case No. 28 of 2011 and the Principal Judge, Vaishali vide order dtd. 20/5/2012 after proper consideration of the case had fixed interim maintenance of Rs.2000.00 per month.