Md. Imani and Others vs The State of Bihar and Another

Syed Md. Mahfooz Alam, J.—This application has been filed for quashing the order dated 3.6.2005 passed by the S.D.J.M., Katihar, in Complaint Case No. CA 2023/2004 whereby she has been pleased to take cognizance of the offence u/s 498-A of the Indian Penal Code. It is said that the petitioner No. 1 is the father-in-law of the complainant, petitioner Nos. 2 and 3 are said to be "Bhaisuf of the complainant (elder brothers of complainant''s husband) and petitioner No. 4 is her mother-in-law. It has been submitted by the learned Advocate of the petitioners that as per the complaint petition there is absolutely no allegation of causing torture or harassment to the complainant due to nonfulfillment of demand of dowry against these petitioners. Learned Advocate further submitted that whatever allegation is, it is against the husband of the complainant.

I have gone through the complaint petition which is Annexure-1 in this case from perusal of which it appears that the complainant has not leveled any allegation against these petitioners making out any offence u/s 498-A of the Indian Penal Code against the petitioners. It further transpires that the complainant in her S.A. (Annexure-2) has also not whispered even a single word against the petitioners. In such view of the matter, I am of the view that the submission of learned Advocate of the petitioners is correct that for taking cognizance u/s 498-A of the Indian Penal Code against these petitioners there was no material before the learned Magistrate. Under the circumstances, mentioned above, I find merit in this application. Accordingly, this quashing application is allowed and the impugned order dated 3.6.2005 whereby the learned S.D.J.M., Katihar, has taken cognizance against these petitioners in Case No. C.A. 2023/ 2004 is hereby quashed and the further proceeding against these petitioners is ordered to be dropped.