PARMESHWAR MISTRY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Chaturvedy, learned counsel for the petitioners, Mr. Jitendra Pandy, learned counsel for the State and Mr. Ashish Kumar, learned counsel for the O.P. No. 2.

(2.) This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order dtd. 24/4/2014 passed by the learned Judicial Magistrate, Gumla in Complaint Case No. C 233/2013 whereby cognizance has been taken under sec. 323 and 498A of the Indian Penal Code against the petitioners, pending in the Court of learned Judicial Magistrate, Ist Class, Gumla.

(3.) Complaint was filed stating therein that the marriage of the complaint was solemnized with one Sujit Mistri. In the marriage, household articles, ornaments and cash of Rs. One lac was given to the petitioner. After marriage, the complainant went to her sasural at Giddi. Thereafter, dowry was demanded by the accused persons from the complainant and on non-fulfilment of dowry, the complainant was tortured both physically and mentally by the accused persons and lastly on 15/4/2011, the accused persons ousted the complainant from her matrimonial home. The family members of the complainant tried to settle the dispute but it went invain. It is further alleged that the complainant gave information to the Women Right Commission where the husband of the complainant was called who had executed bond but lateron he did not comply the condition of bond and continued torturing the complainant and ultimately finding no option, the complainant filed the present complaint case.