WASIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS is application filed u/s. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 16.3.2005 passed by Sri S.K. Shukla, Judicial Magistrate, Bettiah in Tr. Case No. 4667 of 2004, G.R. No. 3020 of 2002 by which he has ordered for framing of charges under Secs. 498 -A and 406 of the Indian Penal Code and sec. 3/4 of the Dowry Prohibition Act against the petitioners.

(3.) LEARNED Counsel for the petitioners submitted that the petitioners have been falsely implicated due to enmity. The informant is the only daughter of her father. Her father wanted her to live in his house but her husband (petitioner No. 1) did not like it. Ultimately, petitioner No. 1 had to file a Matrimonial case (Matrimonial Suit No. 16 of 2001) on 23.4.2001 at Muzaffarpur and when the informant came to know of it, she filed a complaint petition only to put pressure on the petitioners. He also submitted that no offence under Dowry Prohibition Act is made out on the basis of the allegations made.