important point
A judgment must contain basis and reasons therefor.

JUDGMENT

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by the learned Single Judge of the Patna High Court allowing the application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’). Prayer was made by the respondent no.1 to quash the order dated 30.11.2004 passed by learned Sub-Divisional Judicial Magistrate, Patna, in Complaint Case No.2523(C)/2004, whereby direction was given to issue summons against the respondent no.1 and others for facing trial for alleged commission of offences punishable under Sections 498-A and 406 of the Indian Penal Code, 1860 (in short the ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961(in short ‘D.P. Act’).

3.The factual position in a nutshell is as follows:

The case of the complainant (O.P. No.2) is that she was married to the respondent no.1 on 24.10.1999 at Patna according to the Muslim Law. The other two accused are his father and mother. After marriage, on the same day she went to her matrimonial house. At the time of marriage several articles, ornaments, cash etc. amounting to Rs.5 lacs were given as gift. The respondent no.1 and his parents were not happy with the same and wanted more dowry. The parents of the respondent no.1, taunted her for insufficient dowry. After 15 days of the marriage, the respondent no.1 went to America where he was doing a job of Software Engineer and in the meantime the complainant on 9.11.1999 returned to her parental house as the parents of the respondent no.1 compelled her to leave the matrimonial house by their misbehaviour and cruel attitude. Respondent no.1 thereafter sent a visa to the complainant and the complainant went to America on 18.4.2000. There she found her husband having illicit relationship with an American girl named “Dolly”. She seriously objected to this relationship. The respondent no.1 told her that in America it was status symbol to have a girl friend and he demoralized her saying that she belongs to an orthodox and backward family. The complainant anyhow stayed there for about a year and returned to India with the respondent no.1 on 19.8.2001. During their stay at Patna her parents tried to convince the husband to refrain from such relationship with another for cordial conjugal life. He promised to mend himself. Both of them again went to U.S.A. after staying for five weeks in Patna. During this stay all the accused persons asked the complainant to bring Rs.12 lacs from her parents for purchase of a flat in the name of complainant herself. The father of the complainant promised on 19.9.2001 to give Rs.7 lacs provided the flat was purchased in the name of the complainant. Subsequently, her father out of love and affection gave Rs.7 lacs to the parents of the father of the respondent no.1 in various installments. Despite this, all the accused were adamant for further Rs.5 lacs and for non-fulfillment of that amount the accused persons brutally assaulted her both mentally and physically. It was further alleged that after going to America the respondent no.1 despite his promise tried to re-establish his relationship with the above girl, and on protest by the wife assaulted her. He developed the habit of taking wine and wasting time in clubs and on objection she was subjected to cruelty. As a result of multi-dimensional tension she suffered miscarriage on 13.5.2003. She was also not allowed to meet any of her relatives residing in U.S.A. The respondent no.1 then on request of the complainant brought her to India. On 30.8.2003, the respondent no.1 after reaching India went to Hyderabad and asked the complainant to go to her parental house at Patna. During this stay he did not come to Patna. So the complainant herself went to Hyderbad and in spite of atrocities on her, she along with the respondent no.1 on 14.9.2003 returned to America where he continued his torture and on 22.3.2004 she was forcibly sent to India and since then she was living in Patna. It