The court emphasized the need for specific allegations and direct involvement in the offenses to proceed with the case, leading to the quashing of the proceeding against one petitioner and continuation against the other.

1. Rajiv Kumar @ Rajiv Sinha and Varuna Kumari @ Varuna Sinha, both resident of Mohalla Daudpur Kothi, RS. Bramhapura, Dt. Muzaffarpur, have filed this application for quashing the cognizance order dated 6.4.2005 and the entire criminal proceeding initiated against the petitioners and others, whereby on the basis of consideration of complaint petition and the statement of the complainant on oath, the learned Judicial Magistrate, Kishangunj, has taken cognizance under Sections 498A, 323, 379, 384, 120B of Indian Penal Code in Complaint Case No. C245/2005.

2. Heard learned counsel for the peti- tioners, O.P. No. 2 and learned Additional Public Prosecutor for the State.

3. O.P. No. 2 Archana Sinha had filed a complaint petition before the Chief Judicial Magistrate, Kishangunj, bearing Complaint Case No. C245/2005 against her husband Aditya Kumar Sinha and others including these petitioners in respect of her torture, humiliation and assault due to non-fulfilment of dowry demand under Sections 498A/34, 323, 379, 406, 337, 384 of Indian Penal Code as also Sections 4 and 5 of the Dowry Prohibition Act.

4. Learned Magistrate, Sri N. Mehatar, has passed the impugned order just on perusal of the complaint petition and the statement of the complainant on oath and arrived at this conclusion that a prima facie case is made out under Sections 498A, 323, 379, 384, 120B of Indian Penal Code against the accused persons.

5. In the complaint petition, names of five witnesses have been cited. But none of them have been examined by the learned Magistrate.

6. Heard learned counsel for the peti- tioners, O.P. No. 2 and learned Additional Public Prosecutor for the State.

7. As per complaint petition of O.P. No. 2 Archana Sinha, her marriage with Aditya Kumar Sinha was solemnised on 17.6.1998 as per Hindu religion, caste and customs. She has stated that after death of her father in the year 1985, family affairs was being looked after by her brother Prabhakar Sinha, who is posted as Cashier in Rural Gramin Bank, in the district of Kishangunj, where she was residing with her brother. Petitioner Rajiv Sinha and Baruna Sinha, happen to be the Nandosi and Nanad respectively of the complainant. At the time of her marriage on the demand of the accused persons, in all Rs. 3,41,000/- was spent and the Bank Draft was prepared in the name of Chandra Kishore Sinha, her father-in-law, which was deposited in the State Bank of India, Kalambag Road Branch, Muzaffarpur, in his account. She spent about ten days in her Sasural on her first visit and she came back to her Naihar. On 6.3.1999 she was brought to Muzaffarpur by her husband, but there she was pressurised either for a Motorcycle or Rs. 50,000/- by the accused persons with extent of threat for such fulfilment. On some pretext or the other, the complainant Archana Sinha was used to be assaulted by her Nanad, Mother-in-law with fist and slaps and they also used to hurl abuses on her parents. Such torture became a regular feature committed at the behest of the family members of the accused persons. Anyhow, she could inform her brother Prabhakar Sinha who came down to her Sasural and attempted to pacify the situation on 28.3.1999. But in turn, he was also humiliated and the complainant was driven away from her matrimonial house. At the time of her departure, she was again abused, assaulted and stripped off her ornaments. She wrote several letters to her husband and attempt to pacify the situation on Telephone by her family mem- bers was made, but all went in vain. Rather, hurling of abuses and demand of Rs. 50,000/- became a regular feature. Even, the husband of the complainant pretending that the matter has been reconciled, he took the complainant to his house after attending the marriage ceremony of the daughter of the complainants sister at Purnea. But again she was tortured in her Sasural both mentally and physically and this became a regular feature and at one point of time, the complainant was forced