GIRDHARILAL JATANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner who are nine in numbers have filed this ap plication under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceedings including the order dated 27-1-1996 passed by the Judicial Magistrate, Ist Class, Patna in Complaint Case No. 875 (C) of 1995 taking cognizance of an offence undeR Section 323, 324, 120B, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The aforesaid complaint case was initiated on the basis of complaint filed on 27-7-1995 before the Chief Judicial Magistrate, Patna by opposite party No. 2 who is wife of petitioner No. 9.

(2.) The undisputed facts are that the elder sister of opposite party No. 2 (complainant) resides with her husband and other family members in Delhi. The negotiation of marriage was initiated and settled by the petitioner and father of complainant and ultimately the marriage was solemnised at Delhi and, thereafter, petitioner No. 9 and the opposite party No. 2 started living their conjugal life as husband and wife.

(3.) It appears from the complaint petition, a copy of which is Annexure 1 to the application that the petitioners started torturing the opposite party No. 2 (complainant) as a result of which the opposite party No. 2 had to return back to Patna.