LAWS(PAT)-2017-5-89

LAKHAN LAL JHA Vs. STATE OF BIHAR

Decided On May 03, 2017
LAKHAN LAL JHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Prashant Sinha, learned counsel for the petitioners, Mr. Akhileshwar Dayal, learned APP for the State as well as Mr. Chandan Kumar Kashyap, learned counsel for the Informant.

(2.) The petitioners seek quashing of order dated 20.03.2012 passed by SDJM, Munger in Complaint Case No.537C of 2007 whereunder the Magistrate finding prima-facie case for the offence under Sections 498A and 494/34 of the IPC ordered for issuance of summons against the petitioners.

(3.) The facts in brief is that the complainant-Opposite Party No.2 filed a complaint case No. 537C of 2007 on the file of CJM, Munger alleging therein that she was married with Amrendra Kumar Jha (not petitioner before this Court) on 07.01988. The complainant started residing with her husband and his family members in matrimonial house. After few years her husband and in-laws started torturing her in connection with demand of Rs.20,000/- as further dowry. The complainant under compelling circumstance lodged a police case vide G.R.No.1371 of 1993 which was subsequently disposed of in view of compromise and undertaking of her husband and in-laws to keep her with full honour and dignity. After disposal of criminal case, her husband and in-laws kept the complainant for few months and thereafter they again started torturing and lastly ousted her from their matrimonial house.