ASHWINI KUMAR PATHAK @ ASHWANI KR. PATHAK, SON OF NAND KUMAR PATHAK, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the petitioners, complainant and learned counsel for the State.

(2.) The present application has been filed by the petitioners for quashing the order dated 20.06.2013, passed by the learned S.D.J.M., Patna, in connection with Complaint Case No. 3159(C) of 2012, whereby after taking cognizance under Sections 498(A) of the I.P.C. and 4 of the D.P. Act, the process has been issued against the petitioners.

(3.) The prosecution case, in brief, is that the complainant was married with the petitioner no. 1 on 29.04.2007 as per Hindu rites and Customs at Patna. Her father has given cash of Rs. 1,50,000.00, one car, ornaments, utensils and other house hold articles as gifts but the accused persons were not satisfied with the gifts and they started pressurising for demand of Rs. 5,00,000/. Due to non-fulfilment of the said amount, the complainant was subjected to torture mentally and physically by various means. She came back at her father's house on 19.06.2007 on account of pregnancy and she gave birth one female child then the accused persons were not happy. Her father held several Panchayatis for restoration of matrimonial relation between the complainant and petitioner no. 1. Thereafter, she again gave birth second female child but the accused persons were not happy and started torturing and one day the accused persons with his other family members threatened the complainant. Therefore, she left the pairvi in Matrimonial Case No. 159 of 2007 under Sec. 9 of the Hindu Marriage Act filed by petitioner no. 1 before the Family Court, Gaya. The accused persons with other family members came at her parents' home and assaulted the complainant and her parents and took away cash of Rs. 15,000.00, clothes and gold ornaments. Hence, the complainant filed the present complaint case.