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2016 Supreme(Pat) 1399

ASHWANI KUMAR SINGH
Md. Arshad, Son of Md. Moiuddin – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr. Pramod Mishra and Ms. Rashmi Jha, Advocate.
For the Opposite Parties :Mr. Kumar Rajeev, Advocate, Mr. Jharkhandi Upadhyay, APP.

JUDGMENT :

Ashwani Kumar Singh, J.

1. This application is for quashing of the order dated 04.05.2009 passed by the learned Sub Divisional Judicial Magistrate, Saharsa whereby the petitioners have been summoned to face trial in connection with Complaint Case No.480C of 2007 for the offence punishable under Section 498-A of the Indian Penal Code.

2. In the complaint, the complainant Rafat Praveen has stated that she was married to Md. Arshad (petitioner no.1) in the year 2003. For about one and a half years, she was kept well in her matrimonial home and out of the wedlock, two daughters were born. However, subsequently, the accused persons started demanding Rs.1 lakh from her and on non-fulfilment of the same, she was being subjected to cruelty in various ways. She was compelled to file a case against the petitioners under Section 498- A/34 of the Indian Penal Code and section 3 & 4 of the Dowry Prohibition Act vide Salakhua P.S. Case No. 70 of 2005. The said case ended into compromise as the accused persons accepted their guilt and promised to keep her with dignity and honour in matrimonial home in future. On the basis of compromise, the complainant went to her matrimonial home on 1st











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