SHEO SHANKAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel for the petitioners, Mr. Anurag Kashyap, learned counsel for opposite party no.2 and Mr. Sanjay Kumar Srivastava, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal proceeding arising out of C.P. Case No.607 of 2014, T.R. No.1210 of 2017 including the order taking cognizance dtd. 14/7/2014, pending in the court of the learned Judicial Magistrate, 1st Class, Giridih.

(3.) The complaint case was lodged by opposite party no.2 alleging therein that the marriage of daughter (Anjali Shreya) of the complainant was solemnized with brother (Prashant Anand) of petitioner no.1 on 13/12/2010 and at that time complainant had agreed to give sum of Rs.2,51,000.00 as per demand of the petitioners. It was further alleged that on different dates in November, 2010 before marriage the complainant has deposited the said amount in the bank account of the petitioners. It was also alleged that after one month of marriage, the petitioners behaviour with the daughter of the complainant was very cruel, then complainant had filed a case against the petitioners as Complaint Case No.1074 of 2012 dtd. 24/7/2012 (TR No.1041/12) and one case for maintenance vide Maintenance Case No.139 of 2012 and the same has been compromised between the parties before the mediation center at Giridih. It was further alleged that after a compromise, both the aforesaid cases have been withdrawn. It was also alleged that thereafter the complainant has demanded the amount of Rs.2,51,000.00 from the petitioners and the notices have been sent to the petitioners for return of the said money. It was further alleged that the complainant sent a legal notice for refund the said money. As such, the accused persons have committed forgery with intent to cheat the complainant. Hence, this case has been filed by the complainant.