The court emphasizes the need for specific allegations against individual family members in dowry-related cases to prevent misuse of the law, reaffirming a standard for cognizance in matrimonial disputes.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

Heard learned counsel appearing on behalf of the parties.

2. The present application has been filed for quashing the order dated 22.06.2022 passed by learned Sub Divisional Judicial Magistrate, Kaimur at Bhabhua in connection with Complaint Case No. 408/2022 whereby and where under the learned Sub Divisional Judicial Magistrate, Kaimur at Bhabhua took cognizance against the petitioner for the offence U/S 323, 498A of IPC and U/S 3 and 4 of DP Act and the case is presently pending before learned SDJM, Kaimur at Bhabhua.

3. Prosecution case in brief is that opposite party no. 2 namely Nitya Singh filed a written Complaint, in which she stated that she is the wife of Abhishek Kushwaha, who is OfÏcer in Indian Army and their marriage was solemnized on 23.02.2018 in Hotel Madhuban Palace, Varanasi according to Hindu rites and customs. She alleged that accused Nos. 1, 2, 3 and 5 namely Abhishek Kushwaha (Husband), Lal Bahadur Kushwaha (Father-in -law)/petitioner, Mansha Devi (Mother-in-Law), Janardan Kushwaha came to her house with a proposal of marriage before 6 months which was accepted by her family members but during their return, in Bhabhua itself, the accused Nos. 2, 3 and 5 told to her mother that, there were many offers of marriage who were ready to give Rs. 5000000/- and vehicles but their son Abhishek likes her daughter. On the date of marriage, accused Nos. 1 to 5 asked about the list of items to her mother, for which the family members of the complainant replied as their daughter is educated and having good nature and your son also likes her there is no question of paying dowry however, they gifted jewellery (approx. 25 Tola of gold), clothes, and house hold items like Cooler, Fridge, AC, Furniture etc and Maruti Suzuki Breza car. Expenses of the hotel was also paid by her parents which was paid partly from the account of her father and partly in cash but all the five accused demanded Rs. 2000000/- cash above all the things given by her family and refused to solemnize marriage unless their demand was not fulfilled. She further stated that, their demand was not good but she managed to give Rs. 1000000/- in cash, anyhow. After that, the accused persons told her to pay remaining Rs. 1000000/- later and marriage was solemnized. Thereafter, complainant came to her matrimonial house and lived with her husband. The complainant used to come to her matrimonial home happily and got all the love and respect but the accused Nos. 2 to 5 started provoking the husband of the deceased that, he has become Major and people at his status are getting crores in dowry, he should create pressure upon the complainant to fulfill his demand of Rs. 1000000/- from her family members. The husband of the complainant should get Rs. 5000000/- in dowry. Complainant further stated that, her husband used to love her and used to tell her that, he will not be provoked but sometime being furious, he used to assault the complainant by saying her parents as beggar and Kanjar. Mother in Law made her habit to assault the complainant by pulling her hair. Maternal uncle of the husband of the complainant is hypocrite of being master of witchcraft who used to provoke mother in law of the complainant that, there will not be piece in house due to the complainant. He used to provoke the accused Nos. 1 to 4 to solemnize second marriage of complainant's husband. Complainant further stated that, her husband used to beat up the complainant by bringing her to his unit at Mahu, Madhya Pradesh and used to torture her in various ways. He brought the complainant to her paternal home in January 2022 by tricking her and said that, she gets cured by getting treatm