CHANDAN KUMAR GOSWAMI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahesh Tewari, learned counsel appearing for the petitioner, Mr. Abhay Kumar Tiwari, learned A.P.P. for the State and Mr. Arun Kumar Dubey, learned counsel appearing for the O.P. No. 2.

(2.) This petition has been filed for quashing of the order dtd. 3/10/2019, whereby cognizance for the offence under Ss. 493 and 496 of the Indian Penal Code has been taken against the petitioner, including the entire criminal proceedings, arising out of a Complaint Case No. 3467 of 2019, pending in the Court of learned Judicial Magistrate- cum-A.M.-V, Ranchi.

(3.) The complaint was filed by the complainant Anita Kumari Goswami, stating therein that the complainant and the petitioner came to know each other through Facebook in the year 2015. Then petitioner came to complainant's house at Ranchi with his father and brother then complainant also went to work place and proposed to the complainant for marriage. Even parents and other family members came to see her and gave their consent for marriage and Rs.5,00,000.00 was fixed for marriage and they also took Rs.1,50,000.00 during the petitioner was working at Agartalla, Tripura and further alleged that the petitioner proposed the complainant to go there, when the complainant denied to go alone, the petitioner then he arranged Air Ticket for her along with her mother, petitioner took them to Mata Bari Temple. When the complainant entered inside the temple along with petitioner, then he put vermillion on her head and thread as Mangal Sutra and put mental pressure on her to stay as husband and wife. Mother of the complainant showed her objection and scolded the petitioner. Even the complainant opposed this, but later on they stayed as husband and wife further alleged that the petitioner assured to complainant for marry and for the same write in a piece of paper and put signature on it. Later on petitioner got government job at Cement Corporation of India, Himachal Pradesh and petitioner and his family members evaded from marriage. Since the complainant was under bona fide belief that she is legally wedded wife of the accused, she reposed full faith on the petitioner and trusted the words of the petitioner regarding marriage. Hence lodgment of the present complaint.