AJIT AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Vijay Shankar Prasad, learned counsel for the petitioners, Mrs. Ritu Kumar assisted by Mr. Mahavir Poddar, learned counsel for opposite party no.2 and Mr. Shekhar Sinha, learned P.P. for the opposite party-State.

(2.) The petitioners have filed this petition for quashing the order taking cognizance dtd. 28/9/2016 passed in Complain Case No. 1195/2016 by the learned Judicial Magistrate, 1st Class, Jamshedpur.

(3.) The opposite party no.2 has filed a complaint petition stating therein that the marriage between the complainant and petitioner no.1 was solemnized on 8/5/2014 at Jamshedpur. On demand of the petitioner no.1, a sum of Rs.5.00 Lakhs in cash along with ornaments and other articles worth Rs.10.00 Lakhs were given by the parents of the complainant to the petitioner. From the very beginning of stay of complainant in her matrimonial house at Mumbai (Maharashtra), the petitioners used to comment regarding less quantum of dowry paid to them by the side of complainant. They started demanding Rs.5.00 Lakhs from the complainant asking her to bring the alleged amount of Rs.5.00 Lakhs from her parents. It was also alleged that the accused persons forcibly threatened her and deposited a sum of Rs.8.60 Lakhs in their accounts from the salary of the complainant as she was employed and she was earning a good salary. She was paid a sum of Rs.5,000.00 only for her expenses. On 5/11/2014, complainant was removed from her matrimonial house by the accused persons came to residence of the complainant at Jamshedpur and they were paid Rs.2.00 Lakhs. On such payment, complainant was again tortured by the accused persons and she went with her father though later on she came back to her matrimonial house. She reported the said incident to the Mumbai police on 20/5/2015 and 22/5/2015, but no action was taken by the Mumbai police as against the accused persons. Importantly, a compromise was entered into between the parties at the residence of the complainant in Jamshedpur on 21/9/2015 in presence of witnesses wherein a mutual settlement between them was arrived in which total amount of Rs.11,00,000.00 was agreed to be paid to the complainant by the accused persons. It was further alleged that till date only Rs.5,00,000.00 is deposited by the accused persons, but the amount of Rs.6,00,000.00 and the ornaments belonging to the complainant which is in possession of the accused persons are not yet returned to her by the accused persons.