GYAN VARDHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rana Vikram Singh, learned counsel for the petitioners, Mr. Jagdhar Prasad Singh, learned APP for the State and Mr. Shaishav Kumar, learned counsel appearing on behalf of O.P. No.2.

(2.) The present petition has been preferred under Sec. 482 of Code of Criminal Procedure (in short 'Cr.P.C.') for quashing of the order dtd. 16/8/2022 as passed by the learned Judicial Magistrate-1st Class, Patna in connection with Complaint Case No.2047(C) of 2021, whereby the learned Jurisdictional Magistrate has taken cognizance of the offences punishable under Ss. 498-A, 325, 506 of the Indian Penal Code (in short 'I.P.C.') as well as Ss. 3 and 4 of the Dowry Prohibition Act (in short 'D.P. Act') and issued summons against the petitioners to face trial.

(3.) As per the case of the complainant/O.P. No.2 filed before the court of learned Chief Judicial Magistrate, Patna on 8/6/2021, it appears that she got married on 16/2/2020 according to Hindu Rites and Customs with petitioner no.1. After sometime, the complainant was subjected to physical and mental cruelty in her matrimonial home due to non-fulfilment of demand of dowry as raised further by petitioners for cash of Rs.5.00 lakhs and also a piece of land situated at Bihta, Patna. Finally, the complainant/O.P. No.2 was ousted from her matrimonial home on 18/2/2021. It was also alleged that on 4/4/2021, petitioner No.1 pushed the complainant/O.P. No.2 from the third floor, which was an attempt for her murder, where she survived, but received fracture in both her legs.