MUSHTAQUE AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure (for short 'CrPC') has been filed by the petitioners for quashing the order dtd. 1/5/2015 passed by the learned Chief Judicial Magistrate, Bettiah, West Champaran in Bettiah (T) P. S. Case No. 251 of 2014, arising out of Complaint Case No. 866 C of 2014 whereby the petitioners and another have been summoned to face trial for the offences punishable under Ss. 498-A, 406, 323, 341 and 504 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

(2.) Initially, Complaint Case No. 866 C of 2014 was filed by the opposite party no. 2 in the Court of Chief Judicial Magistrate, Bettiah, West Champran on 16/5/2014. After perusing the complaint, the learned Chief Judicial Magistrate in exercise of powers conferred under Sec. 156(3) of the CrPC referred the complaint to the police for investigation whereafter Bettiah (T) P. S. Case No. 251 of 2014 was registered under Ss. 498-A, 406, 323, 341 and 504 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

(3.) The prosecution case, according to the informant, in brief, is that his daughter Tasneema Shahida was married to Md. Saif Ahmad, son of the petitioners on 14/12/2012. At the time of marriage, gifts of about Rs.15.00 lacs were given to her. After marriage, she went to her sasural at Aligarh, but the behaviour of her husband and parents-in-law was not good with her. On 25/3/2013, the accused Md. Saif Ahmad went to Australia for his livelihood where he studied and, thereafter, on 28/4/2013, the informant's daughter also went to Australia. The son of the informant was also living at Australia during the relevant period. Subsequently, he went to Abu Dhabi and handed over his house to his sister and brother-in-law Md. Saif Ahmad for living therein. He also handed over his Toyota Car to them. Thereafter, Md. Saif Ahmad started torturing his wife for bringing more money from her brothers, who all are well of, but since she did not agree to make demand from them, she was beaten and abused. When her brother came to know about the demand being made by her husband Md. Saif Ahmad, he sent Rs.2.00 lacs to him. Thereafter, also demand continued and due to non-fulfilment of demand, Md. Saif Ahmad threatened his wife for divorce. It has also been alleged that the petitioners also instigated their son to make demand of Rs.15.00 lacs from the daughter of the informant.