SURENDRA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and 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 13.03.2019 passed by Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in Complaint Case no. 810(C) of 2014, whereby the learned Magistrate has rejected the discharge petition filed by the petitioners under Section 245 Cr.P.C.

(3.) Factual matrix of the case is that O.P. no. 2 Soni Kumari filed Complaint Case no. 810 of 2014 against the petitioners and four other accused persons as named in the complaint petition under Sections 147, 323, 504, 498A, 379 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act with the allegation, in succinct, that marriage of the complainant (O.P. No. 2) was performed with the accused Prabhat Tiwari. After marriage, she went to her marital house, but the accused persons started subjecting her to various sorts of torture over demand of Rs. 5 lacs for doing business and finally they drove her out of her marital house snatching her belonging and thrashing her and extended threatening of dire consequences in case of regression to her marital house without taking money. Then she rushed to her maternal uncle and on call of her uncle, accused no. 1 to 4 of the complaint petition arrived at the house of her maternal uncle and put the aforesaid demand. On hectic persuasion made by her uncle, they refused to budge and even slated and assaulted her and her maternal uncle and extended threatening.