NAWAL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the O.P. No. 2.

(2.) Petitioners, by filing this application, under Section 482 of the Code of Criminal Procedure, 1973, seeks quashing of cognizance order dated 20.02013 passed by the Chief Judicial Magistrate, Lakhisarai in Mahila P.S. Case No. 26 of 2012 thereby taking cognizance of offence under Sections 498A and 406/34 of the Indian Penal Code differing with final report submitted by Police finding dispute civil in nature so not sent up the accused for trial.

(3.) A short fact giving rise to the case is that initially a complaint was filed by the informant, later on sent to the police under Section 156(3) of the Cr.P.C. for institution of the FIR accordingly police case was registered. The fact alleged in the complaint is that complainant's marriage was solemnized with Onkar Sharma, son of the petitioners no. 1 and 2, on 28th April 1999, in a temple. After marriage, accused persons started making demand of dowry when she started residing in matrimonial home. Due to harassment and cruelty committed by the petitioners, she used to leave matrimonial home and used to return back after some persuasion. While she was living at her parent's home, her husband visited there and reiterated demand of dowry. Ultimately, on 20.08.2012, she was kicked out from her matrimonial home. Police, after institution of the FIR, completed investigation and submitted final report finding the dispute civil in nature consequently case of under Section 498A was not found true.