SUSHANTA KUMAR GHOSH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed for quashing the impugned order dated 27-04-2012 passed by learned Judicial Magistrate-Ist Class, Patna in Complaint Case No. 2993C of 2011 by which and whereunder, the learned Magistrate has found prima facie case against the petitioners under Sections-344, 504/34 of the Indian Penal Code.

(2.) It is alleged in the complaint that the petitioner Nos. 1 & 2 approached the complainant for marriage of their daughter Sharmistha Ghosh (petitioner No. 3) with Biswajit, the nephew of the complainant. The marriage however was settled with Mitali, the younger sister of petitioner No. 3 for certain reasons and engagement was done on 28-07-2008.

(3.) The complainant was under monetary constraints and therefore, he requested petitioner Nos. 1 & 2 to defer the marriage for one year. The petitioner No. 1 insisted to perform the marriage earliest and forced the complainant to accept the loan of Rs. 1,71,000/- for that purpose. The marriage was solemnized on 22-11-2008 at the house of petitioner Nos. 1 & 2. It was decided that some of the loan amount would be adjusted by petitioner Nos. 1 & 2 against the purchase of gifts to be given to Biswajit and Mitali and if some money is left, same would be returned in installments. The complainant returned Rs. 72,000/- in five installments as mentioned in the complaint petition. It is further alleged that from the very beginning of the marriage, petitioner No. 3 who is very ill temper and ill manner, started creating differences for not marrying her with Biswjit. No family member of Mitali sent any good wishes either in the birthday of Biswajit or in the first marriage anniversary of Mitali for which, Mitali was very upset. Mitali became pregnant and she was regularly taken to Tripolia Hospital for check up between September 2010 and January 2011. It is alleged that on 19-01-2011, petitioner Nos. 1 & 2 came to the complainant and requested him to allow them to take Mitali with them till delivery. The complainant allowed them to take Mitali with them and they also made request to take the ornaments because no body will remain in home during working hours. The accused persons took Mitali with them along with ornaments. On 27-04-2011, Mitali gave birth to male child by caesarean for which the complainant signed the bond. The accused persons requested to take Mitali with them for her further treatment. They took away all the bills and prescriptions along with Mitali which they would require to show the doctor. During her stay at her parents' house, Mitali always remained in contact with Biswajit and the complainant on mobile phone provided to her by the complainant. Mitali informed Biswajit that Sharmishtha is making her life miserable, insults her, calls name to Biswajit and the complainant and on protest, she becomes violent and other members of the family support her. She requested Biswajit to take her with him. Biswajit went to bring Mitali and his son back but Mitali was not allowed to come and Biswajit and his friend, who had accompanied him, were insulted and abused by Sharmishtha and her mother. The complainant thereafter talked to petitioner No. 1 and informed that he wants to bring back Mitali and her son. Sharmishtha came along with accused persons in the house of complainant on the next day and informed that they would not allow Mitali to lead happy conjugal life. The complainant received legal notice from Sushanto to return the money to him which was allegedly taken by him as loan.