MITHILESH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

(2.) The petitioners have preferred the application under Sec. 482 Cr.P.C. / 528 BNSS for quashing of the order dtd. 2/1/2018 passed by the learned Additional Chief Judicial Magistrate, 1st Class, Bhabhua at Kaimur whereby the petitioners were summoned to appear for the offence under Sec. 498 A of the Indian Penal Code in connection with Complaint Case No.1089/2016.

(3.) The prosecution story, in short is that marriage of the complainant was solemnized with one Kamlesh Pandey in the year 2007 but soon after their marriage, her husband and in-laws started demanding a motorcycle and a television and for non-fulfillment of the demand, they subjected her to cruelty both mental and physical. When the father and brother of the informant came to her matrimonial home to persuade her husband and in-laws, they misbehaved with them and also assaulted the informant in front of her father, as a result of which, he got tensed and died of heart attack. The accused persons also evicted the informant from her matrimonial home. In the meantime, efforts were made between the parties to reconcile their strained matrimonial relationship but all went in vain, forcing the informant to file the present complaint petition in the year 2016.