MUKESH RANJAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the entire criminal proceedings, arising out of Doranda (Argora) P.S. Case No. 265/07, corresponding to G.R. No. 3538/07, by which the learned C.J.M., Ranchi took cognizance of the offence for the alleged offence under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against him by the order impugned dated 24.9.2007.

(2.) Prosecution story in short was that the informant-opposite party No. 2 was married to the Petitioner on 7.5.2006 and she went to her matrimonial home. It was alleged that the husband-Petitioner and in-laws of the informant were not satisfied with the dowry, what were given on the eve of her marriage and for that, they started hurling taunts and they used teasing words. She was even subjected to assault and torture on various occasions for petty domestic reasons and she was directed in clear words to bring Rs. 1,00,000/- and an Indica car from her parents. She was treated inhumanely and finding no way out, she then filed a police case against her husband and other in-laws. Charge sheet was submitted against the Petitioner-husband Mukesh Ranjan and the mother-in-law Purnima Devi after investigation of the case and accordingly, cognizance of the offence was taken under Section 498A of the Indian Penal Code as also under Sections 3/4 of the Dowry Prohibition Act.

(3.) During pendency of this criminal miscellaneous petition, Petitioner filed two interlocutory applications. In I.A. (Cr.) No. 2585 of 2009, Petitioner sought for amendment in the relief portion by proposing addition in the prayer that the cognizance order dated 20.5.2009 may also be quashed. In I.A. No. 1749 of 2010, the Petitioner requested for quashment of the entire 1 criminal prosecution initiated against the Petitioner, including the F.I.R., arising out of Doranda (Argora) P.S. Case No. 265/07 in view of the deed of settlement dated 1.7.2010 (Annexure-10) as also in view of the judgment and decree dated 1.7.2010 and 3.7.2010 respectively passed in Matrimonial Title Suit No. 213 of 2009 brought about under Section 13B of the Hindu Marriage Act. It is contended in I.A. No. 1749 of 2010 that Matrimonial Suit, which was initially filed by the Petitioner-husband under Section 13(ia) and (ib) of the Hindu Marriage Act before the Principal Judge, Family Court, Ranchi, was converted into one under Section 13B of the Hindu Marriage Act for divorce by mutual consent. The informant opposite party No. 2 herein entered appearance and the judgment was recorded in the said Matrimonial Suit with the observation,