SARITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The entire criminal proceedings in complaint Case No. 850/96 under Sections 323, 498 and 379/34 of the Indian Penal Code, now pending in the Court of Sri S. D. Singh, Judicial Magistrate, Giridih, have been sought to be quashed under Section 482, Cr. P.C.

(2.) The petitioner No. 1 Sarita Devi was married to the complainant (opposite party No. 2) according to Hindu rites rituals. It is the allegation of the complainant (opposite party No. 2) that after the marriage, petitioner No. 1 made the life of the complainant hell and always persuaded him to go to her father's house at Kadru within the district of Ranchi and to live there as "Ghardamad". With that plea she was pressurising the complainant and she attempted to consume poison on several occasion only to make the complainant agreeable to her proposal to live as "Ghardamad" in her father's place as like that of her older sisters who were also living at her father's place at Kadru with their husbands. When ultimately, the complainant did not agree to it, she came down to Ranchi with all her belongings and cash of Rs. 2.000/-, ornaments etc. When the complainant came to Ranchi and wanted to take back the petitioner No. 1 then all other petitioners had assaulted him with fists and blows and he had to return to Giridih. The complaint petition has been filed at Giridih with such allegation. Learned Judicial Magistrate after examining the complainant on S. A. and his witnesses took cognizance under the said sections of the Indian Penal Code as mentioned above.

(3.) Mr. N. N. Tiwari, appearing for and on behalf of the petitioner took two grounds to challenge the complaint itself. His first ground is that the complaint is not maintainable at Giridih when the allegation of marpeet had been occurred at Ranchi and the case of theft and enticing away for giving second marriage as per Section 498 has not been made out. His second submission is that the facts stated in the complaint could not make out any case of criminality against the petitioner.