P. JOGEHWAR RAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the State.

(2.) This application under section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding of complaint case bearing no.668 of 2011, pending in the court of Judicial Magistrate, Jamshedpur including the order dated 18.3.2011 whereby and whereunder cognizance of the offences has been taken under Sections 498A, 494, 406 and 420 of the Indian Penal Code and also under Section 3/4, 6(2) of the Dowry Prohibition Act against the petitioners.

(3.) The facts giving rise this application are that the complainant came in contact of one P. Vijay Kumar (not the petitioner) in the year 2005. Since then they were meeting each other. In course of time, she fell in love with the said P.Vijay Kumar who represented her that he is unmarried whereas she came to know that she had had wife and two children. Even then, she married him in the year 2010. At the time of marriage, a sum of Rs.1 lac was given as dowry to the said P. Vijay Kumar. After the marriage, the said P. Vijay Kumar started saying her that he would be going to Delhi in search of job and therefore, she should go to her parents house. As per his wish, she came to her parents' house when her husband was away from the house. When the husband returned back from Delhi, he took her to another rented house where both were living. The other day, these petitioners came to that house and assaulted the complainant. On such allegations, a complaint was filed as Complaint case no.668 of 2011 in which statement of the complainant was recorded on solemn affirmation and then the matter was taken for enquiry. After holding enquiry, cognizance of the offence was taken under Sections 498A, 494, 406 and 420 of the Indian Penal Code and also under Section 3/4, 6(2) of the Dowry Prohibition Act which order has been challenged to be bad.