BIJAY ANAND GUPTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioners have invoked the inherent power of this Court under Section 482 of the Code of Criminal Procedure for the quashment of the order dated 07.12.2009 passed by the C.J.M., Incharge, Godda in G.R. No. 1002 of 2009 arising out of Godda (Town) P.S. Case No. 295 of 2009 corresponding to T.R. No. 1469 of 2009 by which the cognizance of the offence was taken under Section 498A/34 of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act and also for the quashment of the entire F.I.R.

(2.) A written report was presented before Godda Police by the complainant-Opposite Party No. 2-Sangita Devi admitting that she had escaped with her paramour Bullu @ Aditya Gupta in the month of October, 2008 and having been aggrieved by that act, her father Nand Kishore Sah had instituted a police case against Bullu @ Aditya Gupta and the members of his family. The informant further admitted that she was earlier married to one Pankaj Mandal at village Sarwa and she was having a daughter from her earlier marriage with Pankaj Mandal but on account of torture being perpetrated by Pankaj Mandal he had socially severed her relationship with him and began to live with her parents at Lohia Nagar Godda. During her stay in the parental home, it was alleged that the accused Bullu @ Aditya Gupta proposed to marry her on account of love that he developed with her and he further allured that she would be accepted with her daughter to which she had communicated his proposal to her parents indirectly to which they did not express their agreement and finding no way out she escaped with Bullu @ Aditya Gupta and solemnized her marriage in the "Bashukinath" Temple according to Hindu rites and rituals in the presence of the priest and that he accepted her as his married wife. For the last few days, she alleged that Bullu @ Aditya Gupta in league with his parents started demanding Rs. 50,000/- (Fifty thousand) in cash and a motorcycle in kind being the dowry as the marriage was solemnized without dowry and in this connection they started torture in various ways and finally she was driven out by the accused persons on 29.09.2009 with her daughter with the caution that she would not be accepted lest she would bring the dowry in cash and kind.

(3.) Upon service of notice, the Opposite Party No. 2 put appearance by executing Vakalatnama but no counter-affidavit has been filed.