MD. AZIMUDDIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. Tills application has been filed for quashing of the entire criminal proceeding of C.P. Case No. 1174 of 2009 including the order dated 20.11.2009 passed by the then learned Judicial Magistrate, 1st Class, Dhanbad whereby and whereunder the learned Judicial Magistrate, 1st Class. Dhanbad has taken cognizance of the offence punishable under Section 498(A) of the Indian Penal Code.

(2.) From perusal of the record, it does appear that a complaint case was lodged alleging therein that after marriage, the complainant started living with the accused No. 1 (petitioner) at village Ahardih, district Bokaro. In course of time, one son and one daughter begotten out of wedlock of the complainant and the petitioner. Thereafter, the petitioner in search of his livelihood, went Mumbai where he started doing business. Since, the petitioner picked up a good business at Mumbai, he intended to marry another woman. When the complainant came to know, she did oppose it, but the petitioner and other accused persons in order to get rid off this complainant, started subjecting her to torture. Ultimately, the petitioner did marry another woman and started living with her.

(3.) Further case is that on 05.05.2009, when the petitioner along with other accused came to Village Ahardih on the eve of the marriage of the son of the accused No. 9, the petitioner and other accused persons assaulted the complainant badly and then she was dragged out of the house.