The factual position in a nutshell is as follows The case of the companyplainant O.P. No.2 is that she was married to the respondent number1 on 24.10.1999 at Patna according to the Muslim Law.
It was further submitted that the alleged torture companymitted by the petitioner before the High Court on the companyplainant in America even if accepted as true, the same was relatable to the alleged relationship with an American girl and had numberhing to do with the amount of dowry.
It was stated that the respondent had divorced the companyplainant on 12.9.2004 and, therefore, the case had been filed as a companynter blast with mala fide motive.
She seriously objected to this relationship.
The companyplainant anyhow stayed there for about a year and returned to India with the respondent number1 on 19.8.2001.
He developed the habit of taking wine and wasting time in clubs and on objection she was subjected to cruelty.
On 30.8.2003, the respondent number1 after reaching India went to Hyderabad and asked the companyplainant to go to her parental house at Patna.
Before the High Court it was companytended on behalf of the present respondent number1 that the allegations were false.
During this stay he did number companye to Patna.
She was also number allowed to meet any of her relatives residing in S.A. The respondent number1 then on request of the companyplainant brought her to India.
He promised to mend himself.
It was further alleged that after going to America the respondent number1 despite his promise tried to re establish his relationship with the above girl, and on protest by the wife assaulted her.
The parents of the respondent number1, taunted her for insufficient dowry.
So the companyplainant herself went to Hyderbad and in spite of atrocities on her, she along with the respondent number1 on 14.9.2003 returned to America where he companytinued his torture and on 22.3.2004 she was forcibly sent to India and since then she was living in Patna.
Learned S.D.J.M. after perusing the companyplaint petition, the statement of the companyplainant on S.A. and the statement of the witnesses examined by the companyplainant, passed the order which was impugned before the High Court.
It was also alleged in the companyplaint petition that during his stay in America, the respondent number1 had pressurized her on several occasions to companylect at least 50,000 American dollars from Phuphi and Phupha residing there and on refusal by her the respondent number1 himself told her Phupha on phone to send 50,000 dollars, otherwise the companyplainant would be in trouble.
The respondent number1 told her that in America it was status symbol to have a girl friend and he demoralized her saying that she belongs to an orthodox and backward family.
During this stay all the accused persons asked the companyplainant to bring Rs.12 lacs from her parents for purchase of a flat in the name of companyplainant herself.
Prayer was made by the respondent number1 to quash the order dated 30.11.2004 passed by learned Sub Divisional Judicial Magistrate, Patna, in Complaint Case No.2523 C /2004, whereby direction was given to issue summons against the respondent number1 and others for facing trial for alleged companymission of offences punishable under Sections 498 A and 406 of the Indian Penal Code, 1860 in short the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 in short D.P. Act .
At the time of marriage several articles, ornaments, cash etc.
As a result of multi dimensional tension she suffered miscarriage on 13.5.2003.
After 15 days of the marriage, the respondent number1 went to America where he was doing a job of Software Engineer and in the meantime the companyplainant on 9.11.1999 returned to her parental house as the parents of the respondent number1 companypelled her to leave the matrimonial house by their misbehaviour and cruel attitude.
It is also alleged that when she returned to India the respondent number1 sent E mail to her number to return to America without his permission and also directed her to cancel the return ticket.
amounting to Rs.5 lacs were given as gift.
The respondent number1 and his parents were number happy with the same and wanted more dowry.
Both of them again went to U.S.A. after staying for five weeks in Patna.
There she found her husband having illicit relationship with an American girl named Dolly.
During their stay at Patna her parents tried to companyvince the husband to refrain from such relationship with another for companydial companyjugal life.
ARIJIT PASAYAT, J. Leave granted.
The father of the companyplainant promised on 19.9.2001 to give Rs.7 lacs provided the flat was purchased in the name of the companyplainant.
Challenge in this appeal is to the order passed by the learned Single Judge of the Patna High Court allowing the application filed under Section 482 of the Code of Criminal Procedure, 1973 in short the Code .
Despite this, all the accused were adamant for further Rs.5 lacs and for number fulfillment of that amount the accused persons brutally assaulted her both mentally and physically.
The companyplainant on 2.7.2004 through E mail requested the respondent number1 to reconsider his decision but to numbereffect and suddenly replied that unless his parents desire was fulfilled numberquestion of sympathy arises and on 10.9.2004 asked her father to make payment of Rs.5 lacs to his parents by the next month positively and on that date her father talked to the father and mother of the respondent number1 and showed his inability.
After filing of the companyplaint, the companyplainant was examined on S.A. She also examined witnesses in enquiry under Section 202 of the Code.
Respondent number1 thereafter sent a visa to the companyplainant and the companyplainant went to America on 18.4.2000.
After marriage, on the same day she went to her matrimonial house.
Subsequently, her father out of love and affection gave Rs.7 lacs to the parents of the father of the respondent number1 in various installments.
The other two accused are his father and mother.
