PATNA, India, July 7 -- Patna High Court issued the following judgment on July 1:

Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing on behalf of O.P. No.2/informant.

2. The present application has been preferred by the petitioners for quashing of the order dated 14.09.2023 as passed by the learned Judicial Magistrate-1st Class, Nawada in connection with Kawakole P.S. Case No.415 of 2021, G.R. No.3602 of 2021, whereby the learned jurisdictional Magistrate has taken cognizance for the offences punishable under Sections 498-A read with 34 of the Indian Penal Code (in short 'IPC') as well as Sections 3 and 4 of the Dowry Prohibition Act against the petitioners and other.

3. The case of prosecution in brief is that the marriage of O.P. No.2, namely, Priyanka Kumari was solemnized on 01.03.2020 according to Hindu Customs and Rituals with petitioner Rupesh Kumar, son of Raj Kumar Halwai, resident of village-Dayanagar Nursarai, P.S.- Nursarai, District-Nalanda. At the time of marriage, the parents of informant had given sufficient gift, which are mentioned in the FIR. The informant further alleged that Rupesh Kumar (husband), Mukesh Kumar, Kanchan Devi and Raj Kumar Halwai started torturing her mentally and physically for further dowry of Rs.1,00,000/- (Rupees One Lakh)/Five Lakh. The informant further alleged that her parents came to her matrimonial home and tried to pacify the matter but, they were adamant for realizing Rs. 5 lakh in the name of dowry saying that unless it is paid, they will not allow her to reside at the matrimonial house. It is further alleged that other relatives, namely, Pappi Devi, Mahendra Prasad Halwai and Rani Devi were also torturing for dowry.

4. With aforesaid allegation, the police registered Kawakole P.S. Cse No.415 of 2021 against the petitioner and others for which the charge-sheet was submitted on 30.12.2022 under sections 498-A read with 34 of the IPC as well as Sections 3 and 4 of the Dowry Prohibition Act.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM3NzQyNSMyMDIzIzEjTg==-ha3cKaS5UqU=

Disclaimer: Curated by HT Syndication.