REETA MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioners in this Criminal Writ Petition have prayed for quashing the entire criminal proceeding of Complaint Case No. 947 of 2003, lodged under Sections 323, 341, 306, 498-A and 120-B of the Indian Penal Code as also under Sections 3 and 4 of the Dowry Prohibition Act, pending in the Court of Sri O.P. Singh, learned Sub-Divisional Judicial Magistrate, Ranch i.

(2.) The allegation, as levelled by the complainant Priya Pandey (Opposite Party No. 2) in the complaint petition against these petitioners and others, is that all the accused persons, named therein, are related, inter se, as husband, dewar, mother-in-law, father-in-law and maternal cousin-in-laws (mousi sas). The complainant was married with accused No. 1 Manish Pandey (not petitioner herein) on 30/5/2002 at Ranchi. Her father paid Rs. 5,51,000.00 towards dowry demand and also spent a huge amount in the marriage. Prior to the marriage, on the occasion of ring ceremony on 18/4/2002, these petitioners (mousi sas) and father-in-law of opposite party No. 2 had demanded Rs. 2,00,000.00 for jewellery. Anyhow those amounts were also managed by the father of the complainant. After one year of marriage, mother-in-law and petitioner No. 2 compelled for Maruti Car. Her husband, in a drunken state of affairs, used to assault her. He also demanded Rs. 15,000.00 for purchasing cell phone. Due to assault, the complainant sustained injuries and was treated by the local doctor.

(3.) Learned counsel for the petitioners has submitted that they are distantly related and are living separately with their respective husbands. Since the complainant is suffering from acute female disease and other diseases, her husband filed a suit for divorce in the District Court at Brasat within the State of West Bengal, being Matrimonial Suit No. 1522 of 2003. He has further stated that only to put pressure, after filing of the said suit the complainant has got this complaint case lodged. Petitioner No. 1 has also filed an informatory petition in the Court of learned Chief Judicial Magistrate, Ranchi, on 30/7/2003, stating therein, that the complainant is suffering from severe mental and gynaecological disorder and, as such, she apprehends that a false legal course may be taken at the instance of the complainant.