AMRITA SWARAJ Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The petitioners have filed the instant application praying for quashing the order dtd. 4/8/2022 passed in Complaint Case no.495 of 2022 by the learned Judicial Magistrate First Class, Nalanda at Biharsharif whereby the learned trial Court was pleased to take cognizance under Sec. 323, 504, 427, 506 and 34 of the Indian Penal Code.

(3.) The prosecution case as per the petition of complaint filed by the complainant-opposite party no.2 on 16/6/2022 in the Court of learned Chief Judicial Magistrate, Bihar Sharif, Nalanda alleges inter alia that the complainant married his son to the petitioner no.1 on 26/4/2021. The petitioner no.1 stayed in the house of the complainant for about one week and thereafter went back. She did not return. Over this dispute, the complainant states that the accused persons came variously armed on 12/6/2022 at about 7 a.m. in two Scorpio vehicles and started to assault the complainant. They started saying that they had spent Rs.20.00 lacs in the daughter's marriage which should to be returned or else the complainant would be killed. On this it is stated that the petitioner no.3 said that the complainant would have to pay a rangdari of Rs.40.00 lacs. On this the complainant was assaulted, pushed against the wall as a result of which he fell down. The accused persons started to assault with fists and kicks as a result of which he was injured. On hulla being raised, the complainant states that his son, daughter-in-law, wife and others reached there. They were also assaulted and injured. The accused persons including the petitioner no.5 who was carrying a knife entered the house searching for the son of the complainant and demanding Rs.40.00 lacs. Threats were hurled that in case the amount was not paid, he would be killed. The accused took away the gold and other ornaments of the complainant's daughter-in-law, total worth of which was Rs.3.5 lacs. The petitioner no.5 also took away Rs.10.00 lacs which was kept for the marriage of the complainant's daughter. The accused persons destroyed other articles in the household including T.V., fridge, almirah etc. The complainant states that he went to the Noorsarai Police Station to register a case but no case was registered. As such, the complaint was being filed.