PYARI MOHAN CHATTERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pramod Kumar, learned counsel for the petitioner, Ms. Nehala Sharmin, learned counsel for the State and Mr. P.K. Mukhopadhyay, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dtd. 4/2/2008 against the petitioner under Sec. 498-A of the Indian Penal Code in connection with Complaint Case No.584/2006, pending in the Court of the learned Judicial Magistrate, 1st Class, Bokaro.

(3.) The complaint case was filed alleging therein that the marriage between the complainant-opposite party no.2 and the petitioner was solemnized on 24/11/1997 according to Hindu rites and rituals. After the marriage, the complainant went to her nuptial house and started leading the conjugal life with her husband being the petitioner and out of the said marriage, a female child was born on 6/11/1999. It was further alleged that after the birth of the said female child, the husband, brother-in-law and mother-in-law of the complainant started inflicting torture upon the complainant allegedly saying that the complainant was supposed to give birth to son and instead, she gave birth to the daughter. It was also alleged that the accused persons started demanding Rs.1.00 Lakh for the marriage of the said daughter of the complainant which was allegedly refused by the complainant and upon being refused the accused persons used to beat her by confining her in the bathroom and the complainant was allegedly not even provided with food for two days. Thereafter, the father of the complainant came to meet the complainant sometimes in January, 2000 and somehow managed to take the complainant with him. It was further alleged that thereafter the accused persons being the husband and brother-in-law of the complainant went to her paternal house and further demanded money and allegedly this time, the demand increased to Rs.1.5 Lakh being the said amount of money and also a sum of Rs.50,000.00 for starting a business by the petitioner. It was alleged that the petitioner lodged a false case sometimes in the year 2004 for restitution of conjugal life. It was also alleged regarding this issue, several meetings (Panchayatis) were held but the accused persons allegedly refused to honour the words of the Panches. It was further alleged that thereafter on 3/11/2006, the accused persons came to the residence of the complainant and allegedly started saying that if the complainant and her parents refused to pay the said Rs.1.5 Lakh, he will marry somebody else. When the petitioner was requested by the parents of the complainant, the accused persons started pulling the complainant by catching her hair and also pulled the golden chain of the complainant and fled away by threatening to kill the complainant.