MIRAJ DANISH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Purnendu Sharan, learned counsel for the petitioners and Ms. Nehala Sharmin, learned counsel for the State.

(2.) This petition has been filed for quashing the order dtd. 9/5/2011 passed by the learned Judicial Magistrate, 1stClass, Dumka whereby cognizance has been taken against the petitioners under Ss. 323, 341/34 of the Indian Penal Code. The prayer is also made to quashing the entire criminal proceeding in connection with P.C.R. Case No.02/2009, corresponding to T.R. No.1013/2011, pending in the court of the learned Judicial Magistrate, 1stClass, Dumka.

(3.) On the written complaint of the complainant, the complaint case was registered wherein it was alleged that on 20/12/2009 at about 06:00 p.m., all accused persons entered into the house of the complainant and forced Farina Danish who is daughter of petitioner no.4 to give Talak to Md. Tabrej Alam on the stake of Pistol and forcibly took her along with them. They also threatened to destroy the family and took Rs.4,200.00 and destroyed some valuable documents. It was further alleged that the complainant who is an artist, was called to attend a programme in Nehru Yuva Kendra Sanstha where he met Farina Danish who was also working there and after sometime, accused no.4 Farjana Danish proposed Md. Tabrej to marry with Farina Danish, however he asked accused no.4 to talk to his family in this regard. On 1/11/2008, Md. Tabrej and Farina Danish solemnized their marriage according to muslim customs and the same was also registered on 24/2/2009 and thereafter they started living as husband-wife. However, after their marriage, the accused persons started making efforts to separate them and, therefore, on 20/12/2009, they entered into the house of the complainant and forced Farina Danish to divorce Md. Tabrej. On the basis of the said complaint, Complaint Case No.2/2009, corresponding to T.R. No.758/2010 was registered.