SHAKUNTALA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this petition, the petitioners have prayed for quashing the order taking cognizance dated 29th September, 2003, whereby learned Sub Divisional Judicial Magistrate, Garhwa has taken cognizance of the offences under Sections 498A, 323 and 379 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

(2.) THE main ground on which the impugned order has been challenged is two fold; one that the allegations made in the complaint do not constitute the offence of which the cognizance has been taken by the learned Judicial Magistrate and another, that the suit filed by the Petitioner no.3 for divorce being Matrimonial Title Suit No.87 of 2003 has been decreed in his favour.

(3.) LEARNED counsel for the petitioners supported the grounds taken in the petition and submitted that in view of the decree of divorce in matrimonial suit, the order taking cognizance as also the criminal proceeding against the petitioners are abuse of the process of the Court. Learned counsel, however, submitted that the decree of divorce was passed ex parte which has been subsequently set aside and the suit has been restored for hearing and same is still pending.