PUJA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pratiush Lala, learned counsel for the petitioners, Ms. Rishi Bharti, learned counsel for opposite party no.2 and Ms. Nehala Sharmin, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal proceeding in connection with Complaint Case No.1726 of 2016 including the order taking cognizance dtd. 6/12/2016, pending in the court of the learned Sub Divisional Judicial Magistrate, Ranchi.

(3.) The complaint case was filed alleging therein that the accused were the near relatives of the complainant, accused no.1 (Puja Devi) is the Gotni of complainant and accused no.3 is the sister and accused nos.2, 4 and 5 are the sisters and husband of accused no.1. The accused nos. 2 to 5 came to attend a marriage at Doranda, Ranchi and on 9/7/2016 accused no.2 called the informant and asked to come near Hotel Yuvraj Palace, Doranda and about 06:00 P.M., the complainant with her mother reached there to meet them and accused no.1 (Puja Devi) who is the Gotni of complainant does not live with her husband, and use to reside with her sister and sister's husband-Jijaji, for which complainant insisted the accused no.1 (Puja Devi) as to how long she will remain with her didi and jijaji instead of living at her sasural with her husband, the accused no.1, 2 and 3 got hyper and started abusing and assaulting the complainant for which the complainant fell down. The witnesses saved tried to save her but accused assaulted the complainant with an intention to kill, and snatched a Gold Chain worth Rs.30,000.00. The complainant felt insulted and deeply depressed and when she went to lodge FIR, the police did not register the same hence she instituted a complaint case being C.P. Case No.1726 of 2016 before the learned Sub Divisional Judicial Magistrate, Ranchi under Sec. 325/323/384/379 and 34 of the Indian Penal Code.