HARILAL RAM Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) The petitioners have challenged the order dated 31.03.2000 passed by the learned Sub-Divisional Judicial Magistrate, Jamshedpur in Complaint Case No. C-284 of 2000 whereby, the prima facie case was found against the petitioners for the offence under sections 498(A)/420 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act and the process was ordered to be issued against the petitioners for their appearance in the case. The petitioners have also prayed for quashing the entire criminal proceeding against them in the said Complaint Case No. C-284 of 2000.

(3.) It appears from the complaint petition which was brought on record as Annexure 1, that the opposite party No. 2 Smt. Madhuri had filed the complaint petition against her husband and in-laws alleging offences under Sections 498A, 493, 420, 506, 120B IPC and Section 3 / 4 of the Dowry Prohibition Act wherein there is specific allegation against the husband and in-laws. It also finds mentioned in the complaint petition that her husband had filed fictitious suit for divorce with mutual consent, against the complainant bearing Matrimonial Suit No. 07 of 1999 and got a fictitious decree, which the complainant had challanged in the competent Court. It is alleged in the complaint petition that even after getting the said decree of divorce, the accused-husband of the complainant had stayed and cohabitated with the complainant. With these allegations the complaint petition was filed in the Court of Chief Judicial Magistrate, Jamshedpur, which was registered as Complaint Case No. C-284 of 2000.