KUMAR ANUBHAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of criminal Procedure (for short "Cr. P.C.") has been filed for quashing the order dated 18.05.2016 passed by the learned Sub Divisional Judicial Magistrate, Aurangabad in Complaint Case No.1092 of 2015 whereby and whereunder the learned Sub Divisional Judicial Magistrate has summoned the petitioner to face trial for the offences punishable under Sections 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) The complaint case was filed on 27.11.2015 against the petitioner and other accused persons under Sections 147, 323, 379 and 498A of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.

(3.) According to the complainant, she was married to the petitioner on 18.05.2014. At the time of marriage, her father had given cash, goods and ornaments as gift but the petitioner and other accused persons were not pleased and when she went to matrimonial house after the marriage, the accused persons subjected her to cruelty both physically and mentally and demanded dowry of Rs.10 lacs which was conveyed to her parents. Her parents expressed their inability to give the dowry, but assured them to fulfil the demand in future, which did not pacify the accused persons who kept on torturing her on account of non-fulfilment of demand of dowry. The complainant has further alleged that she came to know that the petitioner had illicit relationship with his sister-in-law and when she raised objection in this regard, she was assaulted and abused. She has alleged that subsequently, she came back to her parents" house and when she went again to her matrimonial house on 01.04.2015 the accused persons did not allow her to enter into her matrimonial house. When she came back to her parent's house after reporting this incident to the police station. The complainant has lastly stated that the accused persons visited her parent's house and asked her to withdraw the case and when she insisted on going to her matrimonial home the accused persons told her unless Rs. 10 lacs is paid as dowry, she would not be accommodated in her matrimonial house.