MD PARVEZ ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the cognizance order dated 19.08.2014 passed by the Sub-Divisional Judicial Magistrate, Bhagalpur whereby the learned Lower Court has taken cognizance of the offence under Sections 341, 323, 498-A, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against the petitioners in Pirpainti P.S. Case No. 53 of 201

(3.) Factual matrix of the case is that Pirpainti P.S. Case No. 53 of 2012 was instituted under Sections 341, 323, 498-A, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against the petitioners and other accused on the basis of the written report of Zeba Tabassum (Opposite party no.2) with the case in succinct that marriage of the opposite party no.2 was performed with the accused Md. Parwez Alam on 15.12.2008 as per Muslim rites and rituals and after marriage, she went to her marital house. On arrival there, accused persons started demanding Rs. 5 lakhs in dowry and tormenting her over non-fulfillment of the said demand. But she stayed at her marital house enduring all the misery and became pregnant. In the meantime, she went to her maternal house along with her brother and gave birth to a girl child there. The accused persons named in the F.I.R. refused to perform her bidai till fulfillment of the aforesaid demand and filed Matrimonial Case No. 97 of 2009 in the Family Court, Bhagalpur to save their skin. However, on the intervention of the court, she went to her marital house, but there was no change in the attitude of the accused persons and they continued to subject her to various sorts of torture. They also tried to strangulate her, resultantly she and her girl child fell ill and lastly she left her marital house along with her father on 22.12.2011 and filed this case.