ASHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure. 1973 (In short "the Code"), by which the petitioners have made a prayer for quashment of the order dated 21.3.2005 of Sub Divisional Judicial Magistrate, Barh, (sic) passed in Complaint Case No. 184/2005 by which the learned Court below has taken cognizance of the offence under Sections 323, 341, 498A of the Indian Penal Code, and Sections 3/4 of the Dowry Prohibition Act against the petitioners. The petitioners have also prayed for quashing of the entire criminal prosecution against the petitioners.

(2.) THE instant trial arises out of a complaint filed by the complainant-wife against her husband, Nunulal Paswan (petitioner No. 10) and nine others alleging, inter alia, that she was married with petitioner No. 10 in 1996 but soon after the marriage, the husband and other accused persons started the complainant torturing and giving threat to kill, leading to filing a complaint by the complainant before the Additional Chief Judicial Magistrate. However, a compromise between the parties was arrived Page 1245 at and on 11.9.2004 the accused persons were acquitted. THEreafter complainant began to live with her husband. But again the accused persons started torturing her and making a demand of Rs. 1,50,000/- and a colour TV. Though the complainant expressed her inability saying that her parents are too poor but the accused persons did not accede to her request and continued to put pressure and torture her and also assaulted her. On 10.12.2004. petitioner Nos. 4 and 5 took the complainant to some place with a view to kill her but she fled from there and came to her parents'. On 29.12.2004 petitioner Nos. 9 and 10 came to the father of the complainant and took her for the matrimonial house giving assurance that they would keep her properly but on the way, at a lonely place, they attempted to kill her by pressing her neck whereupon she raised alarm. However, with the intervention of the passersby her life could be saved. THEreafter, the instant complaint petition has been filed.

(3.) THE second complaint, virtually, for the same offence came to be filed 31.12.2004, It means even only after 2 and 1/2 months of the acquittal of the petitioners of the same charges, whether the second complaint against petitioner Nos. 9 and 10 will be maintainable or not will be a question to be decided by the trial court upon facutal investigation. THErefore, without entering into that aspect at present, so far as petitioner Nos. 1 to 8 are concerned, no specific allegation appears to have been made. Apart from unusual and uncommon attitude of the complainant wife, all family members came to be involved in the second complaint. Admittedly, there is no any allegation or averment against most of the petitioners.