GAZI MD.MASUD ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. This criminal writ has been preferred to quash the criminal proceedings arising out of Madhupur P.S. Case No. 8/2004 [G.R. No. 15/2004], pending in the Court of S.D.J.M., Madhupur at Deoghar and orders by which coercive processes have been issued against the petitioners to apprehend them in connection with the said case.

(2.) The backdrop behind filing of this case is that a dispute between Nasreen Rehana (Respondent No. 2) and her husband-Gazi Md. Masud (Petitioner No. 1) arose resulting in filing of cases from both sides. The husband-Petitioner No. 1 filed a Divorce Suit vide Title (Matrimonial) Suit No. 199/2003 in the Court of Munsif, Giridih which was later on transferred to the Court of Principal Judge, Family Court, Bokaro. After filing of the said case, the Respondent No. 2 also lodged information with Madhupur P.S. on the basis of which the instant case was registered and the investigation commenced. The Respondent No. 2 has levelled allegation that she was subjected to torture and treated with cruelty for want of more dowry demanded in terms of cash of Rs. 50,000/-, golden ornaments and other valuables.

(3.) It is necessary to mention here that the petitioners had preferred W.P. (Cr.) No. 33/2004 before this Court for quashing of the F.I.R. and the criminal prosecution of the petitioners arising out of present case i.e. Madhupur P.S. Case No. 8/2004 but they could not succeed and the said Writ Petition was dismissed vide order dated 10.3.2005. It will also not be out of place to mention that the petitioners then appeared before the Court below and the proceeding was going on. In between, the Divorce Suit was decreed after some settlement between the parties and the petitioners under the impression that the criminal prosecution initiated vide Madhupur P.S. Case No. 8/2004 had also come to an end, they stopped appearing in the casein the result, processes like non-bailable warrant of arrest and Sections 82-83 Cr.P.C. were issued against the petitioners.