LAWS(JHAR)-2023-3-92

MANOHAR CHOUBEY Vs. STATE OF JHARKHAND

Decided On March 17, 2023
Manohar Choubey Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mrs. Jasvinder Mazumdar, learned counsel for the petitioners, Mr. Prabhu Dayal Agarwal, learned counsel for the State and Mr. Anand Kumar Pandey, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the order dtd. 23/2/2013 passed by the learned Judicial Magistrate, Dhanbad as well as for quashing the entire criminal proceedings in connection with Jorapokhar P.S. Case No.152 of 2012, corresponding to G.R. No.2667 of 2012, pending in the court of the learned Judicial Magistrate, Dhanbad.

(3.) On the written application of the informant, the FIR has been registered, wherein, it has been alleged that her marriage was solemnized with Shantanu Suman on 25/4/2008 and after marriage she came to her matrimonial home, where she came to know that maternal uncle of her husband is the guardian of the family and he along with his brother-in-law, namely, Manoj Pandey demanded additional dowry of Rs.3.00 Lakhs after marriage from her and for that they started subjecting her to torture. It has also been alleged that maternal aunt of her husband taken away her ornaments. After 18 days of marriage, the father of the informant taken away her to the parental house and thereafter she had been residing with her parents for next four years. Nobody from her matrimonial home had taken care of her and hence she had left with no option to file a complaint before the Mahila Helpline, Patna on 12/5/2012. Thereafter, Manoj Choubey and Manoj Pandey came to her parental house and taken her to her matrimonial home. Thereafter they again demanded Rs.3.00 Lakhs and a car and for that they have started subjecting her to torture. Thereafter, she gave information about such torture to her parents and upon that on 30/6/2012, she again returned to her parental house with her brother and father and thereafter the case has been registered against all the accused persons.