DHANO DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dtd. 10/11/2014 passed by the learned Judicial Magistrate, Hazaribag in connection with Patratu (Barkakana) P.S. Case No.230 of 2014, dtd. 21/9/2014, G.R. No.3862 of 2014, T.R. No.3212 of 2015, registered under Sec. 498A of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act, pending in the court of the learned Judicial Magistrate, 1st Class, Hazaribag.

(2.) A complaint case bearing Complaint Petition No.1070 of 2014 was filed by opposite party no.2 alleging therein that her marriage was solemnized with Anil Nayak on 19/11/2013 according to Hindu rites and custom at Rajrappa Temple. At the time of marriage, the mother of the complainant according to her capacity paid Rs.1.00 Lakh in cash and utensils and jewellery amounting to Rs.1,50,000.00. After marriage, the complainant went to her matrimonial home and remained there for one week thereafter her husband Anil Nayak after drinking wine along with these petitioners and assaulted the complainant and demanded additional dowry of Rs.2.00 Lakhs which was conveyed by the complainant to her mother and brother. The mother and the brother went to the village of the accused persons and verbal panchayati was done and assurance was given to keep the complainant in dignified manner in which she again started living her matrimonial house. The accused persons thereafter also continued the atrocities of torture and demand of additional dowry. On 27/4/2014, all the accused persons abused the complainant and the petitioners instigated the husband of the complainant to assault on the basis of which the husband of the complainant brutally assaulted. It was further alleged that petitioner nos.2 and 3 snatched the jewellery and threw her from house. On 6/9/2014 again the complainant along with the witnesses went to the matrimonial house of the complainant where the accused persons misbehaved. It was also alleged that the accused persons on threat got signature of the complainant on blank paper and they said on the basis of the said signature that the husband of the complainant will get divorce and he will remarry. The complainant went to register the case before the police station and upon suggestion filed a complaint case before the court.

(3.) At the outset, Mr. Shikarwar, learned counsel for the petitioners submits that both the parties have amicably settled the dispute and they have compromised the case.