AJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners. In spite of service of notice, opposite party no.2, who is wife of petitioner no.1, Ajit Kumar, has neither tendered her appearance nor appeared in Court through her counsel. However, learned A.P.P. for the State appears.

(2.) This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C.") has been filed for quashing of the order dated 06.12.2010 passed by the learned Sub-Divisional Judicial Magistrate, Gaya in Complaint Case No. 1921 of 2009 whereby and whereunder cognizance under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act has been taken while issuing summons against these petitioners.

(3.) The case in short, as lodged by opposite party no.2- complainant, is that her marriage was solemnized with petitioner no.1, Ajit Kumar according to Hindu rights at Gaya on 20.07.2004. At the time of marriage, a number of articles and cash with gold ornaments were given, but after three months, all the nine accused persons, who are family members of her husband-petitioner no.1, started torturing her, demanding Rs. one lac cash. She gave birth to a male child on 19.01.2008. On 29.09.2009 all the petitioners along with other accused tried to strangulate the complainant, but due to interference of the co-villagers, she was saved, but she was ousted from the matrimonial house after snatching everything from her. Although, there were nine accused persons, but the learned Magistrate has taken cognizance against these three petitioners, who are husband, father-inlaw and mother-in-law respectively of the complainant.