LALDHAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the complainant O.P. No.2.

(2.) Petitioners have prayed for quashing the order dated 19.2.2007 passed by the learned Chief Judicial Magistrate, Lohardaga, in Lohardaga P.S. Case No.199 of 2005, corresponding to G.R. No.466 of 2005, whereby the cognizance has been taken against the petitioners for the offence under Section 498-A of the Indian Penal Code, and Sections 3 / 4 of the Dowry Prohibition Act. Petitioners have also prayed for quashing the entire criminal proceeding against them in the said case.

(3.) The police case was instituted on the basis of the complaint case filed by the opposite party No.2, who is the wife of the petitioner No.6. In the complaint petition, it is stated that the marriage between the parties was solemnized in the parents' house of the complainant at Lohardaga, and thereafter, she was brought to the matrimonial home situated in the District of Gumla. The petitioners No.1 and 3 are father-in-law and mother-in-law of the complainant and the remaining petitioners are the brothers-in-law and the married sister-in-law of the complainant. It is alleged in the complaint petition that the complainant was subjected to cruelty and torture at her matrimonial home in the District of Gumla, and also at Madras and at Shiv Sagar in Assam, where the father-in-law was posted. It is alleged that the husband and the mother-in-law of the complainant brought her along with her child to the parents' home on 16.6.1999 and left there stating that she will be allowed to enter the matrimonial home only after the fulfillment of the demand of dowry. It is further alleged that on 26.7.2005, father-in-law came to the parents' home of the complainant and threatening was given for the demand of dowry. With these allegations, the complaint case was filed in the Court of the Chief Judicial Magistrate, Lohardaga, which was registered as complaint Case No.101 of 2005. The complaint case was sent for institution of the police case, on the basis of which, Lohardaga P.S. Case No.199 of 2005 corresponding to G.R. No.466 of 2005 was instituted and investigation was taken up. After investigation, the police submitted the charge-sheet in the case and on the basis of the charge-sheet and the materials in the case diary, the cognizance for the offence under section 498-A of the Indian Penal Code and under Sections 3 / 4 of the Dowry Prohibition Act was taken against the petitioners by the impugned order dated 19.2.2007 passed by the learned Chief Judicial Magistrate, Lohardaga.