MAHJABEEN QUASIM @ JHINTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel for the complainant as also the learned A.P.P.

(2.) THIS is an application for quashing of order dated 9.3.2007 passed in Complaint Case No. 1408 of 2006, wherein and whereunder, cognizance of the offence under Sec. 498A of the I.P.C. was taken against the petitioners and there was issuance of summons. According to the complainant, his daughter was married to petitioner No. 6 on 2nd April, 2005, and the articles as well as cash were given in the form of gift. Marriage was performed in a cordial manner, however, the complainant alleged that after marriage there was demand of a Santro Car, which could not be fulfilled, and when daughter of the complainant went to her matrimonial home at Patna she was assaulted and tortured on non -complying and non -payment of demand. It is alleged that on 26th July, 2006 the accused persons physically assaulted her and also conspired to kill her, and the complainant 'sdaughter came back to her father 'splace on 27th July, 2006, and the accused persons were rigid over their demand of Santro Car and refused to permit the daughter of the complainant to settle in her matrimonial house.

(3.) IT has been submitted on behalf of the petitioners that they have been falsely implicated in this case and from bare reading of the complaint petition and versions of enquiry witnesses it appears that there are material contradictions which were subsequently improved by recalling the witnesses in course of enquiry u/s 202 of the Cr.P.C. It has been submitted that there is absolutely no truth behind the allegation of any demand or torture or "cruelty" or misbehaviour by the petitioners or their parents. It is indicated that much before the present case u/s 498A of the I.P.C. a Matrimonial Case No. 404/2005 was filed by husband as daughter of the complainant refused to accept sexual relationship with her husband from the very beginning. Various medical prescriptions in proof of mental illness of daughter of the complainant have been annexed. It is stated that the petitioner have obtained order of divorce from the Family Court, Patna on 8.6.2006. The Family Court, Patna passed order for dissolving the marriage solemnised on 2.4.2005 by order of divorce. It has been submitted that in view of decree of divorce, there is legal bar to the institution and continuance of a complaint.