Hon’ble Ramesh Sinha, J.—Heard Smt Kamla Singh, holding brief of Sri Vijay Shanker Singh, learned counsel for the applicants and learned A.G.A. for the State.

2. The applicants, through the present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the proceeding in Complaint Case No. 1282 of 2011, under Sections 498-A, 323, 506 IPC and 3/4 D.P.Act, P.S. Haldharpur, district Mau pending before the Judicial Magistrate, Mau.

3. As per office report dated 4.2.2013, it has been reported that the notice issued to opposite party No. 2 has been received back after unserved as she refused to receive the notice. Hence the notice to her about the present case is deemed to be sufficient.

4. The prosecution case as stated in the application under Section 156(3) Cr.P.C by Smt. Reshma Bano that her marriage was solemnised on 19.4.2009 with Zubair Ahmad in accordance with Islamic rituals at Azamgarh. In the marriage, certain gifts were given by her father according to his resources. The wife performed her matrimonial obligations but after the marriage when the complainant went to her in-laws house, her in-laws i.e. mother-in-law Sageera, Khushnuma Khatoon, Shabnam Khatoon daughters of late Jainuddin and the two Jethani’s namely Guddi and Parveen, R/o Gojha Devkali, P.S. Bubarakpur and Nandoi Asaf Khan, S/o Shabbir, R/o Nava Sarai, P.S. Gosi, district Mau started harassing the complainant for bringing less dowry from her house and further stated that in dowry if motorcycle and Rs. 50,000/- is not brought by her, then she will not be allowed to live at her in-laws place. The complainant told about poverty of her parents to meet the demand and she informed about the said harassment for want of dowry to her parents but they consoled her by saying that everything will be in order. The harassment of the in-laws by the complainant increased day by day and she was beaten very often and was not given food. The complainant at several occasions had gone to her parents house and thereafter used to return to her in-laws place but the behaviour of the in-laws towards her was not good and their harassment was mounting regularly. After the festival of Eid, the husband Zubair Ahmad and her Jethani and Nanad had ousted her after beating her and took away all her articles. Somehow, the complainant reached her parents house and narrated all the story of harassment to them, some times during her stay at her parents house there were talks for settling the issue but the in-laws were adamant to their demand for motorcycle and Rs. 50,000/- from the parents of the complainant and they were not ready to keep her. After 15 days, she had gone with her father to her in-laws house, then all of them started assaulting her and she was threatened for her life and property. She and her father managed to come back and informed the Police about the incident but her FIR was not lodged against the accused persons. On 20.5.2011, she sent on information to Superintendent of Police informing about the incident by registered post.

5. When the FIR of the complainant was not lodged, then she moved application on 5.6.2011 before the C.J.M., Mau for directing the concerned officer of the Police Station for registering an FIR against the accused persons and get the case investigated. The learned Magistrate treated the said application as complaint and directed that the matter be registered as complaint case. The statement of complainant Reshma Bano was recorded under Section 200 Cr.P.C. and her witness Mohd. Ayub and Rafi Ullah under Section 202 Cr.P.C respectively. On 2.6.2012, the learned Magistrate finding a prima facie offence disclosed against the co-accused persons including applicants summoned them for trial under Section 498-A, 323, 506 and 3/4 Dowry Prohibition Act.

6. It has been submitted by learned counsel for the applicants that the marriage between the Zubair Ahmad who is the brother of the applicant No.