NIRMALA DEVI 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 cognizance order dated 12.02.2018 passed by the S.D.J.M., Masaurhi, Patna in Complaint Case No. 69(C) of 2018, whereby the learned Magistrate finding prima facie case under Sections 498-A, 323, 504 and 379/34 of the Indian Penal Code ordered to issue summon against the petitioners.

(3.) The factual matrix of the case is that complainant Radha Devi filed a complaint petition being Complaint Case No.69 (C) of 2018 against the petitioners and other accused persons under Sections 498-A, 323, 504 and 379/34 of the Indian Penal Code and of the Dowry Prohibition Act with the allegation in succinct that the marriage of the complainant was performed with Dilip Kumar on 16.07.2013. After marriage and bidai she went to her marital house and stayed there for six months Thereafter, her husband started demanding Rs.2 lakhs to do the business of medicine and due to not coughing up of the said demand all the accused persons started tormenting her. On getting information of the said occurrence her maternal people came to her and tried to persuade the accused persons but in vain. Then they took the complainant to maternal house. After six months her husband arrived at her maternal house and put the aforesaid demand and slated and tormented her. Later her father dropped her at her marital house but the accused persons again started subjecting her to various sorts of torture. Any how her father gave Rs.30,000/- to Dilip Kumar. But even then the accused persons continued to pester the complainant on the said demand. On getting information her father arrived at her marital house and informed the matter to the P.S. Masaurhi, Patna and P.S. Parsa but in vain. Her husband Dilip Kumar never established conjugal life with her.