RAJU KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the entire criminal proceeding including the FIR in connection with Garhwa Nagar P.S. Case No.146/2021, pending in the court of the learned Chief Judicial Magistrate, Garhwa.

(2.) The FIR was lodged by the informant/opposite party no.2 alleging therein that her marriage was solemnized with the petitioner no.1 on 17/2/2016, thereafter she had gone to her in-laws house at Dandai. Thereafter, some time she had gone to Bilaspur with her husband where he was working. After some days of the marriage, opposite party no.2 was subjected to cruelty. The matter was informed by the informant to her mother and father and Panchayati was held and thereafter again she had gone to her Sasural where she was again subjected to cruelty by her in-laws by demanding additional dowry and said that if you do not fulfill the demand we will solemnized second marriage of our son. It was further alleged that again after some time she has got information that her husband has kept a girl namely Salu Jaiswal as a concubine. Again the matter was informed to her father and mother and after intervention of well wishers and villagers, the petitioner was ready to keep the informant and taken her to Sasural where she was regularly tortured by husband and in-laws and the petitioner has kept Salu Jaiswal and force to live with her husband at the same room. It was also alleged that on 4/4/2021 her husband and Salu Jaiswal left her near Ranka More and they fled away and threatened the informant that if you return back we will kill you and thereafter the informant has gone to her Maika and informed her father and her father contacted her in-laws and her husband and thereafter on 6/4/2021 her father-in-law has taken time for negotiation. On 7/4/2021 at 04:00 P.M., the husband of the informant and Salu Jaiswal come with anti social element at her Maika and assaulted her and forcibly taken signature on blank paper. Hence, the First Information Report has been lodged by the informant/opposite party no.2.

(3.) Learned counsel for the petitioners submits that maliciously the case has been filed against the petitioners. He further submits that petitioner no.1 filed Civil Suit No.93-A/2021 for decree of divorce under Sec. 13(B) of the Hindu Marriage Act, 1955 in Family Court, Bilaspur, Chhatisgarh in which decree of divorce was passed by mutual consent on 25/3/2021 by the learned court. He further submits that opposite party no.2 and petitioner no.1 were living separately since 10/1/2018 and thereafter the FIR was registered on 8/4/2021 on false facts. He also submits that the said decree of divorce was challenged by opposite party no.2 before the High Court of Chhatisgarh, Bilaspur in F.A. (MAT) No.48 of 2021, which was dismissed by the Chhatisgarh High Court. By way of referring Annexure-2 Series of the supplementary affidavit filed by the petitioner, wherein photograph and marriage card have been annexed, he submits that that opposite party no.2 has now married with another man. He further submits that in this premises, entire criminal proceeding is malicious in nature and this Court may quash the same.