LATE PARAS PRSAD SINHA AND VIJAY KUMAR SINHA SON OF CHOUDHARY LALAN PRASAD SINHA Vs. STATE OF BIHAR AND RENU DEVI DAUGHTER OF RAVINDRA PRASAD

JUDGEMENT

(1.) THE three petitioners who along with three others have been arrayed as accused in Complaint case No. 398(C) of 2003 and happen to be the parents -in -law and devar respectively of the complainant have prayed for the quashing of the order dated 4.9.2004 passed therein by the learned Sub -Divisional Judicial Magistrate, Madhepura, whereby having taken cognizance under Section 498A IPC and Section 3 of the Dowry Prohibition Act against the petitioners and another he has discharged the remaining two for want of requisite materials. One Renu Devi, impleaded herein as O.P. No. 2, filed the aforesaid complaint case on 20.6.2003 inter alia stating that her marriage with accused Sanjay Kumar Sinha was solemnized some 15 -16 years ago and from the wedlock Sonali Kumari, now aged about 7 years, was born.

(2.) It is alleged that shortly after her entry in the matrimonial home the initial cordiality extended to her by the husband, parents -in -law and other relatives suddenly underwent a marked transformation and she was tortured and subjected to cruelty over demand for dowry and for this her father, Ravindra Prasad, filed Complaint Case No. 704 of 1990 against the accused persons which eventually, on the intervention of co -villagers and well wishers, was compromised and an ekrarnama was filed in court by the accused on 9.1.1991 to the effect that they would not misbehave with her in future and would do no wrong to her. Assured thereby she returned to the matrimonial home. However, it was detected that her husband with the support of accused Nos. 2 and 3 had fallen into bad company and had degenerated into a stigmatized figure and having obtained employment in Delhi began to live there and in due course he entered into an illicit relationship with a Muslim girl whom he brought home as a concubine and in this way the husband maintained only a shammy relationship with her. The complainant claimed to bear all such atrocities as a responsible wife in order to bring up the child. Her status in the matrimonial home was allegedly reduced to that of a maid servant and she was tortured in various ways and even her child was not treated properly. Eventually, on 17.6.2003 she alongwith her child were thrown out of the matrimonial home after confiscating all her belongings worth Rs. 20,000/ -.

(3.) IT appears that attempts were made before this Court to reconciliate the matter and ample opportunities were given to the parties but the deadlock persisted.