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2023 Supreme(Pat) 774

MOHIT KUMAR SHAH
Mahendra Sah – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s Jitendra Prasad Singh, Rajeev Kumar.
For the Opp. Party : Mr. Sri Bharat Bhushan, APP.
For the Opp. Party No.2 : M/s Ajay Nandan Sahar, Rajnish Kr. Mishra.

Mohit Kumar Shah, J. – The present petition has been filed for quashing the order dt. 3.1.2017, passed by the Additional Chief Judicial Magistrate, Sasaram (Rohtas), in connection with Complaint case no. 941 of 2016 (Trial No. 702 of 2017), whereby and whereunder cognizance has been taken against the petitioners and others under Sections 498(A) and 379 of the Indian Penal Code.

2. The case of the prosecution in brief, according to the complainant-opposite party no. 2 is that her marriage was solemnized on 11.03.2011 with one Pankaj Shashi as per Hindu rites and rituals, during the course whereof, the parents of the opposite party no. 2 had given a sum of Rs. 3 lacs in cash by way of dowry, however, the accused persons had been demanding jewellery, nonetheless, the opposite party no. 2 had gone to her matrimonial home and after some time, the accused persons started pressurizing the opposite party no. 2 to ask her father to pay a sum of Rs. 3 lacs and jewellery by way of dowry, however, upon refusal to do so, they started harassing and beating her. It has also been stated in the complaint petition that the opposite party no. 2 was of the view that with passage of time, the situation

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