DHANANJAI JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the Opposite Party No.2 (O.P. No.2).

(2.) The present application has been filed on behalf of the petitioners for quashing of the order dtd. 23/4/2018 passed in Shastrinagar P.S. Case No.283 of 2016 by the learned Sub-Judge IV-cum-A.C.J.M., Patna (hereinafter referred to as 'Magistrate') wherein cognizance for offences under Ss. 498A and 34 of the Indian Penal Code, 1860 and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961 has been taken against the petitioners who are in-laws of the informant (O.P. No.2) and also against her husband.

(3.) The prosecution story, in brief, is that the marriage between O.P. No.2 and Avinash Jha (co-accused), son of the petitioners, was solemnized on 10/12/2006 at Patna as per Hindu rites and rituals with the consent of both families. At the time of marriage, O.P. No.2 was employed in Japan, whereas her husband was employed in a company at Sweden. It is stated that after marriage, she was subjected to mental and physical cruelty on account of demand for dowry, including a luxury car and an apartment at Delhi, and was humiliated and assaulted by her husband and in-laws (petitioners herein). Further allegations have been made that substantial articles were given by her parental family, including gold, silver, cash, furniture, utensils, clothes, and household articles at the time of her marriage and on the birth of their daughter on 16/4/2010 in Sweden, but her streedhan was neither returned nor accounted for. It is also alleged that during her stay abroad and in India, she was compelled to transfer her salary to the accounts of her father-in-law and was subjected to repeated acts of harassment and assault. Allegations of forcible extraction of money, snatching of ATM cards by her father-in-law and cheque books, and unauthorized withdrawal of funds have also been made. The O.P. No.2 has further alleged that she was subjected to cruelty during her pregnancies, including pressure for sex determination tests and attempts to compel her to abort the female foetus. It is stated that she gave birth to her second daughter on 15/5/2015 in Sweden, and continued to face ill-treatment from her husband and in-laws. In between 2006 to 2014, O.P. No.2 had handled everything alone, from her office works to household works and her husband had merely focused on his career. Allegations have also been made regarding deception in obtaining her signatures on documents written in a foreign language, which resulted into dissolution of her marriage with Avinash Jha (co-accused) vide judgment dtd. 29/8/2014 passed by the Gavle District Court in Sweden, without her informed consent. It has been alleged that on 20/6/2016, when the O.P. No.2 went to her matrimonial home at Patna along with her father and some relatives to demand return of her jewellery and belongings, she was threatened with dire consequences. On the basis of these allegations, O.P. No.2 lodged a written report on 20/6/2016 before the In-charge of Shastrinagar Police Station alleging cruelty and dowry-related harassment by her husband and inlaws. On the basis of the said written report, Shastrinagar P.S. Case No. 283 of 2016 dtd. 20/6/2016 was registered under Sec. 498A of the Indian Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act, where after the investigation, the police submitted charge-sheet on 31/1/2018 bearing C.S. No.25 of 2018.