DHANANJAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this application filed by petitioners is to the order of cognizance dated 18.12.2004 passed by the Sub-Divisional Judicial Magistrate, Dhanbad in Complaint Case No. 1253 of 2004 for the offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and to the continuance of the criminal proceedings against the petitioners following the impugned order of cognizance and initiated on the basis of a complaint filed by the Opposite Party No. 2.

(2.) Heard counsel for the petitioner, counsel for the Opposite Party No. 2 as also counsel for the State.

(3.) The case of the complainant/Opposite Party No. 2 is that her marriage with the petitioner No. 1 Dhananjay Singh, was solemnized on 11.07.2000 in accordance with Hindu rites and customs at her father's residence at Dhanbad. Earlier, at the time of engagement ceremony, a negotiation was held regarding the payment of dowry and the amount was settled at Rs. 3 lakhs and was paid by her father to the accused persons. Upon insistence of the petitioner No. 2 namely the father-in-law, the complainant's father gave a post dated cheque for a further sum of Rs. 1.5 lakhs for purchasing a motorcycle and other household articles. The amount of cheque was encashed by the brother-in-law of the complainant namely the petitioner No. 5.