CHINTA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned learned APP for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 29.06.2015 passed by learned Judicial Magistrate First Class, Patna in Parsa Bazaar P.S. Case No. 191 of 2013, G.R. No. 5964 of 2013 whereby the learned Magistrate has taken cognizance of the offence under Sections 498-A, 494/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act against seven accused persons named in the charge-sheet including the petitioners and ordered to issue summons against them.

(3.) Factual matrix of the case is that O.P. no. 2 (Ragni Kumari) filed Parsa Bazaar P.S. Case no. 191 of 2013 under Sections 498-A, 494/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act against the petitioners and four other accused persons named in the written report with the allegation in succinct, that her marriage was performed with the accused Sunil Kumar in the month of 13th June, 2010. After marriage, she went to her marital house and lived there happily for six months. Thereafter, accused persons including the petitioners started demanding Rs 1 lakh and to get the land of Bhikhachak executed in favour of her husband Sunil Kumar and on her failure to cough up their demand, they started subjecting her to various sorts of torture and finally they drove her out of her marital house and Sunil Kumar took another lady, namely, Guriya Kumari and kept her with him in the house.