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2023 Supreme(Pat) 795

MOHIT KUMAR SHAH
Shatrughn Pandey @ Bhual Pandey @ Shatrudhan Pandey – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s Akhilesh Kr. Pandey, Bachan Jee Ojha.
For the Opp. Parties : Mr. Sri Ajay Kumar Jha, APP.
For the Opp. Party No.2 : Mr. Rajiv Ranjan Kr. Pandey.

Mohit Kumar Shah, J. – The present petition has been filed for quashing the order dated 17.10.2016, passed by the Additional Chief Judicial Magistrate-VII, Buxar, in connection with Rajpur PS case no. 230 of 2015 (G.R. no. 3282 of 2015), whereby and whereunder the learned Magistrate has taken cognizance of the offence under Sections 323, 341, 406, 504, 498(A), 377 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act against the accused persons including the petitioners herein.

2. The case of the prosecution in brief, according to the complainant-informant is that the marriage of the complainant i.e. the opposite party no. 2 was solemnized with the co-accused person namely Sheshnath Pandey on 21.11.2009 as per Hindu rites and rituals and sufficient gifts were given to her husband and in-laws. On the date of marriage itself, it is alleged that the father-in-law of the opposite party no. 2 had demanded a sum of Rs. 2 lacs, however, upon intervention of the family members, marriage had taken place, whereafter the opposite party no. 2 had gone to her matrimonial home. It is the further case of the opposite party no. 2 that the accused persons including the petitioners h

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