IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46022 of 2006 SUCHITA DEVI & ANR Versus STATE OF BIHAR & ANR ----------- 9 18-08-2008 Heard the learned counsel for the petitioners as also the learned A.P.P. for the State.Although Opp.Party no.2 had been duly served with notice, in pursuance whereof she appeared in this case yet none appeared for Opp.Party no.2 at the time of hearing. The petitioners, who have been impleaded as accused in Complaint Case no.77C of 2006 , have prayed for the quashing of the order dated 7.3.2006 passed therein by the learned Sub Divisional Judicial Magistrate, Munger ,by which he has taken cognizance against the petitioners and Kunal Kaushal @ Varun Kumar Barua under Sections 498A and 323 I.P.C. According to Sangita Kumari , the complainant , who has been impleaded herein as Opp. Party no.2, her marriage with Kunal Kaushal , son of the two petitioners herein, was solemnized on 13.6.2003 and just after the marriage the accused persons started demanding Rs. one lac as dowry from the complainant which the complainant and her father showed their inability to pay,as a result whereof the accused persons frequently abused and assaulted her and her food and water was also stopped and she was also subjected to mental torture. It is alleged that on 10.8.2005 , she sent a letter to her father through some unknown person addressed to the District Magistrate alleging inter alia that her parents in-law and Devar as - 2 - also the husband frequently assaulted her, as a result whereof she had sustained injury for which she was treated at Ankur Nursing Home, Bariarpur on 15.5.2005. She had also alleged of her forcible confinement at the hands of the accused. It is said that on the basis of the said letter, the father of the complainant on 11.8.2005 gave information in writing to the Officer Incharge , Bariarpur Police Station who on receipt thereof visited the complainant and assured her of legal help. It is alleged that at about 11 A.M. on 26.1.2006 all the accused persons assaulted the complainant and ousted her from the matrimonial home with a warning that unless the demanded sum was paid she would have no place in the matrimonial home and since then she is living in her parental home. It has been submitted on behalf of the petitioners that soon after the marriage at Jamalpur Gayatri Mandir , Kunal Kaushal, the husband took the wife to Netarhat where he runs a S.T.D. booth , but the complainant never intended to live with him and she frequently threatened to immolate herself by sprinkling Kerosene Oil. All efforts by Kunal Kaushal to pacify her failed and one fine morning she fled from the house to her parental home. All efforts to bring her back having failed the accused had no other alternative than to file Matrimonial Case no.74 of 2005 for divorce in the court of Principal Judge, Family Court, Munger and the instant complaint is by way of counter blast to the said matrimonial case. It is also submitted that on 10.10.2004 the village Panchayat was convened in the presence of Pramukh, Mukhiya and other members of Nirpur Panchayat and also - 3 - the complainant and her father and petitioner no.2 and his son Kunal Kaushal where it was unanimously decided that since 14.11.2004 the complainant and her husband Kunal Kaushal had been debarred from living with the petitioners and they would live separately and would not claim any right upon them. A photo copy of the Panchnama has been appended as Annexure-4 to the application. On the aforesaid premise, it has been submitted that the allegations levelled against these petitioners are apparently false and were being used as pressure tactics for withdrawing or compromising the matrimonial case. From perusal of the complaint petition as also the Panchnama it would appear that the petitioners herein are living separately from the complainant and her husband and have no connection therewith. It would also appear that no specific allegation of commission of any overt act has been alleged against the petitioners and the allegations as such are omnibus and general in nature. Due regard being had to the facts and circumstances of the case, the impugned order so far the petitioners are concerned is hereby quashed and the application is allowed. ( Abhijit Sinha, J) NKS/-