SANGEET KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kumar Sinha, learned counsel for the petitioner, Mr. Bhola Nath Ojha, learned counsel for the State and Mr. Rahul Kumar, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceedings including the order dtd. 4/3/2022 by which notices have been issued to the petitioner in connection with Complaint Case No.941 of 2021, registered for the offences under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred to as' the Act, 2005), pending in the court of the learned Judicial Magistrate, 1st

(3.) The complaint case was filed by opposite party no.2 alleging therein that she was married to the petitioner on 8/3/2019 at Deoghar. After the marriage, Rs.11.00 Lakhs and some ornaments were handed over to the petitioner. After some time of the marriage, the in-laws started to show their displeasure with respect to the gifts brought by the opposite party no.2. The demands started into tortures and infliction of the same and some how she was beaten up. Family counselling were conducted but the same was of no reason. The opposite party no.2 gave birth to a pre-matured child but the petitioner still did not turn up to see the child. The opposite party no.2 also mentions that the petitioner had filed a petition for divorce at the courts in Uttar Pradesh as Matrimonial Suit No.1001 of 2020. After institution of the said matrimonial suit, opposite party no.2 instituted one FIR which has been registered as Deoghar Mahila P.S. Case No.24 of 2021. Opposite party no.2 was threatened to be removed of the house. Hence, she complained about the same. The present complaint case was filed by opposite party no.2 and the same has been registered as Complaint Case No.941 of 2021 under Sec. 12 of the Act, 2005.