Chandramauli Kr.Prasad, J.

1. This application has been filed for quashing the order dated 6.1.2001 passed by the Sub-divisional Judicial Magistrate, Gaya in Trial No. 632 of 2000 whereby he has taken cognisance of the offence under sections 498A, 494 and 120 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act and directed for issuance of process.

2. Short facts giving rise to the present application are that opposite party no. 2 filed complaint case no. 196 of 1998 in the court of the Sub-divisional Judicial Magistrate, Sherghati alleging commission of offence under sections 498A, 494 and 120B of the Indian Penal Code. The learned Magistrate referred the case for investigation to the police under section 156 (3) of the Code of Criminal Procedure and on that basis Sherghati P.S. Case No. 203 of 1999 was registered.

3. According to the informant she was married to petitioner no. 1 Shanker Prasad Das in the year 1983 according to Hindu rites. According to her, after the marriage she went to her Sasural and lived with her husband for six months but as the father of the informant could not fulfil the illegal demand of dowry of her husband and his family members i.e. p