RINA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these petitioners who have been impleaded as accused in Complaint Case No. 673(C)/2006 have prayed for quashing of entire criminal proceeding arising therefrom including order dated 18.12.2006 passed therein by Sri Rajendra Das, Judicial Magistrate, 1st Class, Jamui, whereby he has taken cognizance of offences under Sections 498, 504 and 147 I.P.C. against the petitioners.

(2.) THE complainant, Shyam Sundar Tiwary, impleaded as O.P. No. 2, herein, filed the aforesaid complaint inter alia stating that his marriage with Rina Devi was solemnized on 21.5.2004 according to Hindu customs and religious rites at Dumka, whereafter the bride came to the Sasural and stayed there for about 18 days, whereafter she went back to her Naihar. It is said that after six months she returned from her Naihar and stayed for a month whereafter her brother came to take back Rina Devi to the Naihar on the pretext of the mother being seriousty ill and she was permitted to go in the month of March 2005. It is said that the complainant used to visit his Sasural of and on and notwithstanding his pleadings to perform the bidai so that she could be taken back to the Sasural it was never performed. Eventually on 17.1.2006 the complainant sent a legal notice requesting for the bidai of Rina Devi, which was not responded. It is alleged that it was learnt that Rina Devi had illicit relationship with her Bahnoi, Vinay Kumar Tiwary, an Advocate in the Dumka Court and. that Rina Devi was being kept by him with ulterior motive. It is further alleged that on 6.8.2006 the complainant went again to fetch his wife but she was not permitted to come and it was given out that he would have to provide her with maintenance. It has been claimed by the complainant that his wife had been wrongly enticed away. It was also alleged that the complainant was sanguine that his wife had been taken away by her brother on 23.3.2005 under false assertions of their mother being ill. It has been submitted on behalf of the petitioners that they are innocent, have committed no offence whatsoever and the allegations levelled against them are false, concocted and far from the truth. In this connection it was sought to be submitted that Rina Devi petitioner no. 1 had filed PCR Case No. 42/2006 under Sections 498A I.P.C. and 3/4 Dowry Prohibition Act against the complainant of this case and others regarding demand of dowry and torture, both mental and physical, and cognizance was taken against the complainant and all his family members. That apart she had also filed a case under Section 125 Cr.P.C. for maintenance before the learned Presiding Judge, Family Court at Dumka. The learned counsel for the petitioners sought to point out that trial in the PCR Case No. 42/2006 had already begun in which ail the accused persons have been summoned. It has also been submitted that the complainant of this case as also his family members consequently keep threatening the petitioners to kill them if P.C.R. No. 42/2006 and Misc. Case No. 29/2006 were not withdrawn and a petition to this effect was filed in Court on 21.12.2006.

(3.) THE complainant, it is said, has field a Matrimonial Case No. 12/2006 on 7.9.2006 in Jamui Court wherein his family members are being threatened by the petitioners with dire consequences if they ever visit the Court premises to make pairavi in the matrimonial case. It has also been submitted that the complainant and in -laws of the petitioner no. 1 had filed the instant case just to save their own skin from the two cases preferred by petitioner no. 1 against them and was nothing more than a counter blast to the two cases filed by the petitioner no. 1 herein. The petitioner no. 1 had also filed an Informatory Petition No. 158/2006 in the Town P.S. Dumka regarding the threats advanced by the complainant and his family members and another informatory petition in that regard was also filed before the Sub -Divisional Judicial Magistrate, Dumka, in which police after investigation/ inquiry gave its report supporting the case of the petitioner no. 1.