LAWS(PAT)-1997-3-22

BHASKAR MITRA Vs. STATE OF BIHAR

Decided On March 13, 1997
BHASKAR MITRA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard counsel lor the parties.

(2.) By this application under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the entire criminal prosecution including order taking cognizance dated 24- 7-1992 for the offence under Sections 498-A 323, 341 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

(3.) Short facts giving rise to this application are as under: Opposite party No. 2 Smt. Tripti Mitra, wife of petitioner No. 1 filed a complaint being Complaint Case No. 123 of 1992 before the Chief Judicial Magistrate, Giridih, stating therein, inter- alia that her marriage was solemnised according to Vedic and Hindu religious rites on 19-2-1988 with Bhas- kar Mitra, accused No. 1 and after some time the accused persons started demanding heavy cash and under duress she wrote letter to her brother to fulfill demand of the accused persons and accordingly her brother paid a sum of Rs. 3.000/- and again a sum of Rs. 5,000/- to the accused persons. Even after payment of money by her brother she was subjected to cruelty, she was subjected to mercilessly assault by her husband, Bhaskar Mitra and regularly she was being tortured by the accused persons for fulfillment of their demands and consequently thereof she was driven out from her husbands house by her husband and father-in-law and mother-in- law and she was threatened with dire consequence and accordingly, she went to her brother place at Karoali and there also accused persons were chasing her and ultimately she was shifted to Baniadih. For the aforesaid reasons, she, therefore, apprehending torture at the hands of the accused persons, lodged the complaint case. On the basis of the complaint petition, the complainant was examined on S.A. and accordingly, the learned Chief Judicial Magistrate, Giridih, took cognizance of the offence under Sections 498-A 341, 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act against the petitioners in Complaint Case No. 123 of 1992.