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