General allegations against relatives in matrimonial disputes require specificity to avoid misuse of legal provisions; familial ties do not necessitate implication without clear actionable offenses.

JUDGMENT :

Chandra Shekhar Jha, J.

Heard learned counsel for the petitioners and learned APP appearing on behalf of the State duly assisted by learned counsel appearing for informant.

2. The present application has been filed by the petitioners for quashing of the order of cognizance dated 14.11.2019 as passed learned S.D.J.M., Siwan in Siwan Town P.S. Case No.184 of 2018, whereby the learned Jurisdictional Magistrate has taken cognizance for the offences punishable under Sections 498-A read with 34 of the Indian Penal Code (in short ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act against the petitioners and others.

3. The brief case of prosecution as per written information of the informant/opposite party no. 2 that her marriage got solemnized at Siwan on 03.12.2016 with one Subodh Kumar Gupta and after her bidaai, she went to her sasural at Village-Chhajan, Muzaffarpur but, after few days of her marriage, the mother-in-law, the father-in-law, the sisters-in-law and brothers-in-law started accusing the informant of cheating their son, who is working as Chartered Accountant (C.A.), as they loosed offered dowry of Rs. 50 Lacs from others. The informant responded aforesaid that her father mortgaged his land and organized marriage prosperously by incurring expenses more than Rs. 20 Lacs upon which, the mother-in-law, sister-in-law (jethani) and the husband of the informant started abusing the informant by using filthy language and also started assaulting the informant and damaged her mobile phone and its SIM card. It is further alleged that they threatened the informant also as to sent her back to her parental home. It is alleged that the informant was restrained from talking to her father. It is further alleged that after eight days, the informant along with her husband departed for Assam, where same behavior was continued. After a week, they returned to Patna and the condition became further worsened. The husband of the informant under the effect of alcohol, tortured the informant. It is further alleged that the mother of the husband suggested her husband to divorce her and to marry another girl, who could have brought Rs. 50 Lacs in dowry. It has further been alleged by the informant that the husband was caught in an objectionable position with the maid servant by the informant herself and on being objected, the informant was grievously hurt by the husband and the matter straightway ignored by her mother-in-law. It is further alleged that the parents of the informant tried to resolve the matter but, they also faced brutality. The amount, which was in the account of the informant, was withdrawn by the husband as well and her husband continuously tortured her under provocation of his sisters and sister-in-law (with whom he has objectionable relations). It is further alleged that once her husband left the house and did not received her phone. On his return, he was found drunken and created a scene, which was stopped only with interfere of neighbours. They also called police on 21.02.2017 and a bond-paper containing some terms for living together was executed but despite of that, the atrocities remains continued. The informant further alleged that on 20.03.2017, the husband beaten her harshly out of which, she received grievous hurt and during occurrence they snatched her jewellery and kicked her out of the house, leaving her helpless. Considering the ailments of the father-in-law and profession of the husband, the F.I.R. could not be lodged earlier. Thereafter, the father-in-law also died on 02.06.2017 and when the informant visited there, she was ill-treated